LAWS(J&K)-2018-3-12

SUALAH REHMAN SHEIKH GOJAR Vs. STATE OF J&K;

Decided On March 06, 2018
Sualah Rehman Sheikh Gojar Appellant
V/S
State Of JAndK; Respondents

JUDGEMENT

(1.) Petitioners (hereinafter referred to as the plaintiffs) claiming to be the owners in possession of land measuring 01 kanal 03 marlas towards west side covered by survey No.1200-min situated in village Manigam and claim to have converted the same into an orchard and have fenced it with barbed wire. Alleging interference in the hands of respondents (hereinafter referred to as the defendants) have filed suit for perpetual injunction with a prayer that the defendants shall be restrained from causing any interference.

(2.) Alongside suit, an application for grant of interim relief has been filed. Initially, trial court (Sub Judge), Ganderbal, granted interim relief restraining defendants from interfering with the suit property in any manner. The said application for interim relief, after objections of the defendants, has been finally disposed of vide detailed order dated 18.02.2015. On discussing rival submissions and the material placed on record, learned trial court has concluded as under:

(3.) Aggrieved thereof, plaintiffs filed appeal unsuccessfully as the learned appellate court has upheld order dated 18.02.2015 and has observed that the trial court has rightly given liberty to the respondents i.e. official respondents to proceed in the matter in hand under law as it has come on record that " Pagdandi " on spot has been blocked by the plaintiffs by fencing it with barbed wire.