MOHD. UMAR NIZAMI Vs. AB. QAYOOM NIZAMI

JUDGEMENT

(1.) This Civil 1st Miscellaneous Appeal is directed against the order passed by the Court of 2nd Additional District Judge, Jammu dated 23rd August, 2012, in terms whereof, till disposal of the suit, status quo has been directed to be maintained, vis- -vis, alienation of the suit property and the awarded amount. Further, application filed by Haji Mohammad Abdullah-appellant No. 2 for vacation of order dated 08.08.2006 and for permission to raise further construction of the Hotel building has been dismissed. The factual matrix precisely has to be noticed for effectual adjudication of this Appeal.

(2.) Respondent Nos. 1 and 2 (Plaintiffs) have filed suit for declaration, partition, injunction and for settlement of accounts titled Abdul Qayoom Nizami and Anr. v. Mohammad Umar Nizami and others. Suit property include land measuring 10 kanals 11 marlas covered by Survey No. old 127-min and new 729. Out of this parcel of land, appellant-Mohd. Umar Nizami, one of the defendants in the suit, has executed a General Power of Attorney in favour of appellant No. 2-Haji Mohammad Abdulla, vis- -vis. 12 marlas of land, in terms whereof, appellant No. 2 has been delivered the possession of these 12 marlas of land and has been authorized to raise any type of construction further to do all whatever shall be required to be done by the appellant. The said Power of Attorney has been executed on 10th December, 2010. On the strength of this Power of Attorney, appellant No. 2 has raised the construction of a Hotel building to the level of first floor and only thereafter an application has been filed by the plaintiffs seeking restraint order as against appellant No. 2, who was not arrayed as a party defendant.

(3.) Initially, alongside suit, application for grant of injunction has been filed. On consideration whereof, trial Court has passed the order dated 08.08.2006, in terms whereof, defendant Nos. 1 to 17 (private parties) have been directed to maintain status quo qua the suit property till next date of hearing. As against the official defendants, only notice has been issued. Said direction has been extended on the adjourned dates of hearing, such as, 31.08.2006, 28.09.2006, 30.10.2006 and 08.01.2007 which was to remain effective till 22.02.2007. From 22.02.2007, interim direction has not been extended.