INHABITANTS OF VILLAGE SANGWALI Vs. KRISHAN SINGH

JUDGEMENT

(1.) Petition is admitted for hearing. With consent of the learned counsel for the parties, the matter is heard finally.

(2.) In this petition under Sec. 104 of the Constitution of State of Jammu and Kashmir, the petitioners inter alia seek quashment of the order dtd. 18/2/2017 passed by the trial court by which application preferred by the petitioners under Order 8, Rule 9 has been dismissed.

(3.) Facts giving rise to the filing of this writ petition briefly stated are that petitioners have filed a suit seeking the relief of mandatory injunction as well as injunction restraining the respondents from causing any obstruction in free use and occupation of the plaintiffs over the land which forms subject matter of the suit and not to raise construction thereon. The respondents filed the written statement. Thereafter, the petitioners filed an application under Order 8, Rule 9 of the CPC. The aforesaid application has been rejected by the Trial Court inter alia on the ground that the provisions of Order 8, Rule 9 of the CPC are not attracted to the fact situation of the case, as the respondents have neither filed a set-off nor counter claim.