MOHAMMAD AFZAL MALIK Vs. MOHAMMAD AKRAM WANI

JUDGEMENT

(1.) The petitioner, through the medium of present petition, has challenged order dtd. 22/4/2024, passed by the learned Principal District Judge, Kulgam (hereinafter referred to as "the Appellate Court), whereby the appeal as against order dtd. 16/3/2024 passed by the learned Munsiff, Kulgam (hereinafter referred to as "the trial court") dismissing the application of the petitioner under Order 39 Rule 1 and 2 of the CPC, has been dismissed. Challenge has also been thrown to order dtd.16/3/2024 passed by the trial court.

(2.) It appears that the petitioner (plaintiff) filed a suit seeking a permanent prohibitory injunction against the respondents (defendants) before the learned trial court. It was pleaded by the plaintiff that he is owner in possession of land measuring 15 marlas falling under Khasra No.161 situated at Village Munchwa Tehsil Yaripora. It was further pleaded that the plaintiff has planted apple trees over the suit land about 20 years back but some portion of the suit land towards Yamrach-Munchwa pathway is lying vacant. On this basis, it has been pleaded by the plaintiff that he is in occupation and possession of the suit land as its owner. To support his contention, the petitioner has placed on record copy of the Misli Haqiyat for the year 2019-20.

(3.) It has been pleaded by the plaintiff that the defendants have started illegal, unjustified and unwarranted interference into the plaintiff's possession over the suit land and that they are trying to dispossess him from the portion of the suit land which is situated towards YamrachMunchwa pathway. Accordingly, the plaintiff has sought a decree of permanent prohibitory injunction against the defendants restraining them from causing any sort of interference with the suit land, with a further injunction for restraining the defendants from forcibly dispossessing the plaintiff from the suit land.