MOHD AKRAM SIAH Vs. STATE

JUDGEMENT

(1.) IMPUGNED are the orders dated 14.5.2008 and 7.6.2008, passed by the court of 1st Additional District Judge Srinagar vide order dated 14.5.2008. Status quo has been ordered to be maintained on spot till further orders. The order has been kept subject to variation, modification and cancellation, provided fresh facts are brought before court for consideration. Vide order dated 7.6.2008, application moved in terms of Order 39 Rule 4 CPC for vacation of the order of Status quo has been rejected.

(2.) PARTIES are the two real brothers, who admitted have jointly purchased 5 kanals of land (under Survey No. 3847/1064, one kanal 10 marlas, Survey No. 3847/1064,7 marlas, Survey No. 1062, 2 kanals 13 marlas and Survey No. 1063, 10 marlas). The said land stands mutated in the name of the parties.

(3.) APPELLANT (defendant) has started the construction of his residential house on a portion of the land, which reached to the slab level, respondent aggrieved of the raising construction has filed suit for partition, permanent mandatory injunction contending therein, that the land is just in between the parties, until partition, appellant/defendant could not raise any construction, as the appellant cannot occupy particular portion to the disadvantage of respondent/plaintiff. Learned trial court acted on the concern co -ownership and the joint rights of the co -owners, concluded that the respondent (plaintiff) satisfies the cardinal principles, construction shall be irreversible, allowing the construction shall cause irreparable loss, therefore ordered for maintaining the position i.e. Status quo.