GHULAM NABI DAR Vs. MOHAMMAD RAMZAN DAR

JUDGEMENT

(1.) The petitioners invoke supervisory jurisdiction vested in this Court under Article 227 of the Constitution of India for seeking setting aside of the orders dtd. 23/2/2023, and 24/4/2023, passed by the learned Sub Judge, Chadoora ["the Trial Court"], in a case titled "Mohammad Ramzan Dar Vs. Ghulam Ahmad Dar and Ors".

(2.) The impugned Orders are assailed on multiple grounds. However, before adverting to the grounds of challenge urged by the learned counsel for the petitioners, it would be worthwhile to take note of few facts germane to the disposal of the controversy raised in this petition. The Respondent No. 1 filed a suit for declaration and permanent injunction against the petitioners and one Ghulam Ahmad Dar before the Trial Court.

(3.) It is claimed that the Respondent No. 1 (the plaintiff in the suit) is owner in possession of land measuring 2 Kanals and 8 1/2 Marlas falling under Survey No. 1065-min situate at Mouza Gowherpora Tehsil Chadoora District Budgam. His brother- respondent No. 2 holds equal quantity of land next to his land as lawful owner thereof. It is the grievance of the respondent No. 1 made in the plaint that the petitioners herein (defendants 2 and 3 in the suit) are raising construction of residential houses on their plots which are situated contiguous to the plot of the Respondent No. 1. They have laid the plinths of their houses 5 feet above the level of the land of the respondent No. 1, as a result whereof, there is every apprehension that the low-level plot of the respondent No. 1 will be subjected to various adverse conditions.