MANZOOR AHMAD KHAN Vs. AB RASHID KHAN

JUDGEMENT

(1.) THE Civil Revision Petition on hand owes its origin to the suit filed by the plaintiff -petitioner (petitioner herein) in the Court of learned Principal District Judge Kupwara (PDJ for short) for a decree of perpetual injunction, essentially seeking a restraint against the construction on the suit land by the defendant (respondent herein). Along side, an application for interim injunction was also filed, consideration whereof had begotten an ad interim relief to his favour, directing the parties to maintain status quo in respect of the suit land, fall out being, restraint placed on the respondent from going ahead with the construction in question. Until grant of interim direction and its continuation, the petitioner remained satisfied with exercise of such jurisdiction by the learned PDJ but when consideration to confirm or vacate it occasioned, he recalled that he was going to lose right of appeal, ex facie, an attempt to prolong the life of the ad interim direction which got frustrated when rightly turned down by the learned PDJ. It goes without saying that if such unhealthy practice receives encouragement, effective control over the judicial proceedings would be a casualty, therefore, it must be curbed with a heavy hand. More so, it is nobodys case that the learned PDJ lacks territorial or pecuniary jurisdiction, thus no fault can be found with the view taken by him.

(2.) DEALING with the claim staked by the petitioner for interim injunction, the learned PDJ has placed reliance on the available material, scrutiny whereof resulted in a conclusion on his part to the effect that prima facie the construction was being raised by the respondent on a piece of land belonging to him which is in his lawful possession. Examining the rival contentions of the parties to the suit on the touchstone of relevant factors, ad interim direction came to be vacated subject to the conditions spelt out therein the impugned judgment, operative part whereof reads:

(3.) THE reproduction of the relevant paragraph of the impugned judgment makes it very clear that the learned PDJ has very effectively protected the interests of the petitioner, obviously, the petitioner has no cause to register the grouse. Otherwise also the Revision petition is liable to be dismissed, for, the well reasoned impugned order does not suffer from any error. Revision petition is dismissed along with CMP without any order as to costs. Registry to communicate the order to the learned Principal District Judge, Kupwara.