AB REHMAN SHORA Vs. DIRECTOR ESTATES, SRINAGAR

JUDGEMENT

(1.) THE revision petitioner plaintiff filled a suit for perpetual injunction with the prayer to restrain the respondents defendants from interfering with plaintiffs peaceful possession and occupation of the land measuring 1 kanal 12 Marlas in Survey Nos. 1683/1607, 1705/1658/1607, 1660/1607 in Khewat No. 164 situated at Bararj Nambal Teh Khas District Srinagar. The Sub Judge (Judge Small Causes Court) Srinagar decreed the suit on 10 -10 -1987.

(2.) DECREE holders filed an application for execution of the decree. The execution proceedings 72 of 88 on the file of Sub Judge (J.S.C.C) Srinagar were dismissed, after inviting objections and hearing the parties, by the Court on 21 -6 -88, on reaching the conclusion that the suit land is not identifiable and the decree is vague and ambiguous, therefore, un -executable. This order is impugned in this revision.

(3.) THE counsel for the revision petitioner was heard, only after the respondents failed to appear and resume arguments after the case was part heard on 26 -12 -97.