MIR MOUZAM Vs. FARHANA DILSHAD

JUDGEMENT

(1.) The instant petition has been filed by the petitioner herein under Sec. 115 of the Code of Civil Procedure seeking setting aside the order dtd. 8/4/2023 passed by the Court of Civil Subordinate Judge/Forest Magistrate, Srinagar in case titled "Farhana Dilshada and others versus Mir Mouzam".

(2.) Facts giving rise to the filing of the instant petition would reveal that the respondents herein filed a suit for permanent prohibitory and mandatory injunction against the petitioner herein including the State Industrial Development Corporation (SIDCO) along with States Manager SIDCO, Srinagar initially which defendants later came to be deleted from the array of party- defendants in the suit. The said suit was maintained on the premise by the plaintiffs/respondents herein that they are lessees in possession of land measuring 18 kanals along with a factory established thereon situated at Industrial Estate Khanmoh which land had been allotted by SIDCO in the year 1985 in favour of their father being Managing Director of M/s Hamid Oil Mills Private Limited, a Company incorporated under Companies Act and that the said father of the plaintiffs after prolonged illness died in the year 2009 whereafter the plaintiffs initiated a process of reviving the said factory for having remained non-functional on account of the ailment of their father and that during the said time the defendant/petitioner herein without any right would encroach upon the said factory and besides committing theft of various articles including four motors lying in the said factory also caused loss and damage to the property of the factory including the trees standing thereon and while using his muscle power with the assistance of land mafia tried to usurp factory, thus necessitating the filing of the suit after the requests made by the plaintiffs to the defendant to refrain from his said illegal activities did not yield any fruitful result.

(3.) The plaintiffs in the said suit sought the following reliefs: