INHABITANTS OF NOWPORA Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 20th June, 2006 passed by 3rd Additional District Judge, Srinagar, in a case titled as Inhabitants of Nowpora Vs. Chief Executive Officer, which shall be hereinafter referred to as impugned judgment.

(2.) IT is necessary to notice the facts of the case herein. Appellants -plaintiffs filed a suit before learned Principal District Judge, Srinagar, in a representative capacity on 18th October, 2004, which came to be transferred to the court of 3rd Additional District Judge, Srinagar. Along with the suit, appellants -plaintiffs filed three miscellaneous applications; one for grant of permission to file the suit in representative capacity, second for dispensation of notice in terms of Order 39 Rule 3 CPC and third for grant of ad -interim relief.

(3.) DEFENDANTS i.e. respondents 1 to 5 filed written statement on 26th February, 2005. Appellants -plaintiffs filed replica on 15th March, 2005. Defendants - respondents 1 to 5 filed objections to the said replica on 10th June, 2005.