SYED ZULFIKAR ALI Vs. AMINA

JUDGEMENT

(1.) INSTANT revision is directed against the order dated 31.7.2006 passed by the Id. District Judge, Budgam, whereunder order passed by the Id. Sub Judge, Budgam dated 7.6.2004 has been up -held.

(2.) FOR appreciating the matter in its right perspective, it shall be quite advantageous to precisely notice the factual background of the case:

(3.) ONE Syed Ahmad Shah has died leaving behind land measuring 47 kanals and 14 marlas including two storeyed building situated at village Reshipora, Budgam. Petitioner is the son, respondent no. 1 and 3 are daughters, whereas, respondent no. 2 is the widow of the deceased. Respondent no. 1 Mst. Ameena (plaintiff) has filed suit for declaration partition and permanent injunction, qua the suit property, i.e., property left behind by the deceased Syed Ahmad Shah. Alongside suit, application for temporary injunction has also been filed. Interim temporary injunction, after dispensation of prior notice to otherside in terms of Order 39 Rule 3, has been passed, which was to remain effective till next date i.e., 15.3.2001. Petitioner has been asked to file objections, in response thereof, petitioner (non -applicant) therein caused appearance and filed objections, as is reflected in the interim order recorded on 31.3.2001. On 30.10.2001, arguments were partly heard and were to be concluded on 6.11.2001. On 6.11.2001, it has been recorded that an application for amendment has been filed by respondent (plaintiff), therefore, further arguments deferred, then on 14.5.2002, in absence of the petitioner order has been passed, whereunder, interim direction has been made absolute till final disposal of the suit.