MOHAMMAD MAQBOOL REGU Vs. HILAL AHMAD

JUDGEMENT

(1.) Supervisory jurisdiction under Article 227 of the Constitution is being invoked by the petitioners in the instant petition seeking setting aside of order dtd. 22/4/2017 (for short impugned order) passed by the Additional District Judge, Pulwama (for short court below) in case titled as Ali Mohd. Regu vs. Mst. Zeba and anr.

(2.) The facts emanating from the petition would reveal that a suit for permanent injunction came to be filed by the plaintiff/predecessor-in-interest of the petitioners herein against the predecessor-in-interest of the defendants/respondents herein before the Court of Munsiff, Pulwama on 24/9/2005 which came to be dismissed in terms of judgment and decree dtd. 16/11/2013. The judgment and decree dtd. 16/11/2013 came to be assailed by the plaintiff-predecessor-in-interest of the petitioners herein in an appeal before the Court below on 11/12/2013.

(3.) During the pendency of the appeal, the predecessor-in-interest of the petitioners herein filed an application for placing on record an agreement to sell dtd. 5/2/1980 and to adduce additional evidence to prove the same and the said application came to be dismissed by the Court below in terms of the impugned order.