AKBAR ALI Vs. ASHRAF SHEIKH AND ORS.

JUDGEMENT

(1.) Petitioner through the medium of this petition under Sec. 104 of the Constitution of the Jammu and Kashmir has invoked the writ jurisdiction of this Court for quashing order dated 21.04.2015 passed by learned 2nd Additional District Judge, Jammu in Appeal titled National Welfare Foundation Trust, Sunjwan and another v/s. Akbar Ali (hereinafter for short as 'impugned order') by virtue of which order of injunction dated 21.07.2014 granted by 2nd Additional Munsiff, Jammu has been set aside on the grounds taken in the memo of petition. As per averments made in the petition, it appears that the petitioner had filed a Civil Suit before lower Court for permanent prohibitory injunction against respondents 1 and 2 restraining them from interfering in the peaceful possession of the petitioner and from raising any sort of construction or creating any third party interest in the suit property, i.e., land measuring 20 kanals falling under Khasra No. 39 (11 kanals 03 marlas), 40 (08 kanals 14 marlas) and 42 min (03 marlas) situated at Sunjwan, Jammu to the extent of petitioner's share, i.e., 10 kanals only. Along with Suit, an application for grant of temporary injunction was also filed and learned trial Court on the presentation of the Suit, after considering the material produced by the petitioner vide its order dated 29.05.2014 had directed both the parties to maintain status quo on spot with respect to the suit land.

(2.) Respondents 1 and 2 filed written statement as well as objections and learned trial Court after considering written statement and objections besides documents relied upon by respondents 1 and 2 as well as material placed by petitioner on file vide its order dated 21.07.2014 made order dated 29.05.2014 absolute till the final disposal of the suit. Against this order, Appeal came to be filed before 2nd Additional District and Sessions Judge, Jammu, which was allowed vide order dated 21.04.2015 and it is this order Which is impugned in this petition. Hence, this petition on the grounds taken in it.

(3.) Heard learned counsel for the parties and perused the record.