SANSAR CHAND Vs. SOM DUTT

JUDGEMENT

(1.) This letters patent appeal under Clause 12 of the Letters patent is directed against the order dated 04.07.2014 rendered by a learned Single Judge of this Court upholding the order dated 11.05.2013 passed by learned 1st Additional District Judge, Jammu. The aforesaid order was challenged by invoking the provisions of Articles 226 and 227 of the Constitution of India read with Sections 103 and 104 of the Constitution of Jammu and Kashmir. It is further appropriate to notice that the learned Additional District Judge was hearing an appeal against interim order dated 31.12.2010 passed by Munsiff, Akhnoor in a suit for declaration-cum-permanent prohibitory injunction. In accordance with the interim order the parties were asked to maintain status quo, which was set aside by the learned 1st Additional District Judge. That order has been further upheld by the learned Single Judge.

(2.) Mr. Vijay Gupta, learned counsel for the respondent, at the outset has raised a preliminary objection by submitting that the appeal under Clause XII of the Letters Patent is not maintainable as it emerges from an order of a Single Judge passed under supervisory jurisdiction. He further submitted that in any case intra Court appeals under Clause XII of the Letters Patent are now barred by virtue of the amendment made in the Code of Civil Procedure by adding Section 100-A.

(3.) In order to decide the aforesaid issue it would not be necessary to notice the facts. In any case facts in detail have been noticed by the learned Single Judge and no repetition would be necessary particularly in view of the legal issue raised before us.