MOHAMMAD ALAM HAKAK Vs. SHAMEEMA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal by the appellant is directed against order dtd. 25/7/2023 passed by the Court of learned 2nd Additional District Judge, Srinagar ["the trial court"] in file No.60/Misc tilted "Mst. Shameema and anr. vs. Mst. Noreen and Ors." whereby the trial court has disposed of the application for grant of ad-interim relief and directed the defendants in the suit not to interfere with the suit property i.e. land measuring 02 kanals 14 marlas comprising of Survey No.219 in Estate Brain. The plaintiffs in the suit have been directed to file an undertaking before the trial court, that in case they ultimately fail to prove their case before the Court, they shall dismantle the construction, if any, raised by them during the pendency of the suit at their own cost and handover the vacant possession to the defendant No.3 if he succeeds in establishing his case. The plaintiffs have also been directed not to create any third party interest in the suit.

(2.) Briefly stated, the facts leading to the filing of this appeal are that the respondents 1 and 2, who shall be hereinafter referred to as the plaintiffs' for convenience, filed a suit for declaration and injunction against Mst. Nasreena and five others. The appellant herein was arrayed as party/defendant No.3 in the suit and shall hereinafter be referred to as such. In the suit, the plaintiffs have pleaded that they are owners in possession of the subject land which they have purchased by virtue of three different sale deeds executed by the vendors in their favour on 13th of May, 2010 with respect to land measuring 01 kanal under Khewat No.34, Khata No.199, dtd. 4/7/2012 for land measuring 04 kanals under Khasra No.219-min Khewat No.34 and dtd. 13/5/2010 for land measuring 01 kanal and 10 marlas falling under Survey No.219, Khewat No.34 Khata No.199 situated at Mouza Brane Batgo Tehsil and District Srinagar. It is alleged that the defendant No.3-appellant herein has been making attempts to encroach upon the subject land claiming it to be the part of the land purchased by him by virtue of a sale deed executed in the year 2005 with respect of land measuring 01 kanal and 10 marlas.

(3.) In the backdrop of aforesaid grievance projected by the plaintiffs in their suit, following reliefs have been claimed in the suit: