MOHD. AFZAL SHAH Vs. GHULAM AHMAD SHAH

JUDGEMENT

(1.) REVISION petitioner/plaintiff filed injunction suit in the court of Munsiff Sub Registrar, Srinagar. Alongwith an application was moved for grant of interim relief in the nature of restraining and injucting the defendants (respondents to the revision ) from interfering with the possession of plaintiff -applicant over the suit property. The initial direction was confirmed subsequently after the other side filed objections by order June 16, 2003. Defendants filed an appeal against the order. The additional District Judge, Srinagar by order dated 30.9.2003 accepted the appeal and has set aside the order of the court below. Against this order the present revision petition is filed. On 7.4.2004 during the course of the arguments counsel for the parties in the circumstances referred in the order sought two days time to come with the compromise deed. However, when the matter was taken up on board today the counsel for the parties presented their respective compromise drafts. Strangely, neither counsel accepted nor consented to draft prepared by the other counsel/other side, having failed to arrive at a settlement/compromise, the matter after concluding the arguments is taken up for final disposal.

(2.) ORDERS of the trial court as also the appellate court have been perused. Record is also examined.

(3.) ON notice of aforesaid facts and circumstances and the features of the case, the exercise of powers within jurisdiction by the appellate court cannot be said to be in violation of law, vitiated or to suffer from any legal infirmity. The appellate court has exercised discretion within para -meters of law fairly and with reasons. The cardinal principles to serve as guidelines for issuance or refusal of discretionary relief within the ambit of injunction laws, of prima -facie case, balance of convience and irreparable loss cannot be said to have been lost sight of. Not only so the cognizance is also taken of the fact that while exercising equity jurisdiction a party is to approach the court with clean hands. The order is reasoned one within para -meters of law. This revision has no merits.