LAWS(J&K)-2025-1-11

ABDUL AZIZ DAR Vs. GREEN VALLEY EDUCATION TRUST

Decided On January 02, 2025
ABDUL AZIZ DAR Appellant
V/S
Green Valley Education Trust Respondents

JUDGEMENT

(1.) Caveat stands discharged.

(2.) Through the medium of present miscellaneous appeal the appellants/defendants have challenged order dtd. 25/9/2024 passed by learned Principal District Judge, Pulwama, whereby in a suit filed by respondent No.1/plaintiff against the appellants and respondent Nos.2 to 7, application under Order 39 Rule 1 and 2 of CPC has been allowed and the appellants have been restrained from causing any sort of interference with respect to the suit land falling under survey No.6508 situated at village Lethpora, Tehsil Pampora, District Pulwama particularly with the pathway measuring 14x788 feet existing on spot.

(3.) It appears that respondent No.1/plaintiff has filed a suit for mandatory injunction commanding the defendants, including the appellants herein, not to interfere or damage the suit property, more particularly the proprietary road exclusively owned by the plaintiff trust as well as the gate installed at the entrance of suit property. A decree of injunction prohibiting the defendants from interfering or encroaching upon the suit property has also been sought in the said suit.