SHAHZADA BASHIR QARI Vs. L SHEIKH

JUDGEMENT

(1.) PLAINTIFF has filed a suit for right of prior purchase being a co -sharer regarding the land under survey No.744 of Khewat No. 34 situated at Pandach, Ganderbal. An order of status quo was passed by the court on 09 -08 -1999. On an application filed by the defendant the order of status quo was vacated on 04 -09 -2002. Revision came to be filed against this order, which came to be dismissed by the High Court in the year 2004.

(2.) ON an appeal filed before the IVth Additional District Judge, Srinagar order dated 04 -09 -2002 was vacated. While accepting the appeal the court directed that the status quo as it existed in the year 1999 shall revive.

(3.) DURING the interregnum from 2002 -04 the present petitioners are stated to have constructed the double story building on the said land. An application seeking amendment of the written statement was filed, in order to incorporate the plea that since the construction has been raised on this land and the title of the petitioner having been improved, may be allowed. This application was contested by the respondent/plaintiff on the ground that the construction has been raised in violation of the court orders, for which appropriate proceedings have been filed in the court.