FAROOQ AHMED Vs. ZAMAN SHAH AND OTHERS

JUDGEMENT

(1.) In the instant writ petition, the petitioner has assailed the impugned order (Annexure-A) dated 22.09.2017 passed by the learned Trial Court of 1st Civil Subordinate Judge, Jammu (Spl. Municipal Mobile Magistrate) Jammu, whereby the learned Court has dismissed the applications filed by the petitioner/ defendant no. 2 for placing on record written statements after stipulated time of 90 days. It is stated in the instant petition that learned counsel for the petitioner had filed a Suit in the Court of learned Sub-Judge Mobile Magistrate, Jammu (under 13th FC) titled, "Farooq Ahmed vs. Zaman Shah", which is still pending. In that suit petitioner prayed for decree for permanent prohibitory injunction, restraining the defendants from interfering in the house of the plaintiff, be passed in favour of the plaintiff and against the defendants.

(2.) It is stated that defendant- Zaman Shah therein filed another suit instead of filing of written statement, in the court of learned Civil Subordinate (Sub- Judge) Municipal Mobile Magistrate, Jammu titled, "Zaman Shah vs. VC JDA and Others" with the prayer as follows:-

(3.) The subsequent Suit was filed with regard to the same property, which was in question in previous suit filed by petitioner before the SubJudge Mobile Magistrate, Jammu.