ZAHOOR AH SHAH Vs. ASCENT HOUSING DEVELOPERS

JUDGEMENT

(1.) MR. Javaid Iqbal accepts notice on behalf of respondents. With the consent of the learned counsel for the parties, this CIMA is taken up for final disposal. Heard. Learned counsel for the parties.

(2.) ALONGSIDE the suit respondents have also filed application seeking dispensation of issuance of notice as required under order 39, Rule 3 Code of Civil Procedure.

(3.) THE learned trial Judge vide order dated 18th October, 2008 allowed the prayer of the respondent/plaintiffs for dispensation of notice. Learned trial Judge issued notice in the injunction application also and as an interim relief passed an ex parte ad interim injunction order whereby the appellant defendant has been restrained from raising level of his land adjacent to the eastern side of the plaintiffs' land and the houses constructed there on higher than the level maintained by the plaintiffs at Sozeth Gori Pora tehsil Beerwah covered under survey Nos. 752/54, 828/55, 811/59, 812/59, 50 min, 728/58 min, 803/60, 723/62, 59 to 62, 71 to 75 and 1o8 to 111.