LAWS(J&K)-2009-4-41

SHAMEMA SOFI Vs. GH RASOOL BABA

Decided On April 24, 2009
Shamema Sofi Appellant
V/S
Gh Rasool Baba Respondents

JUDGEMENT

(1.) THE Sub Judge (CJM), Srinagar has vide his order dated 9 -8 -2008, after allowing the application of respondent -plaintiff seeking assistance for implementing the interim direction passed by the court, has directed the SHO, Police Station, Parimpora, Srinagar to implement the said order. It is under these circumstances, this order has been challenged by the petitioner in this revision petition.

(2.) I have heard the learned counsel for the parties and perused the record.

(3.) THE plaintiff has filed a suit for perpetual injunction restraining the respondent from interfering with the peaceful possession and in raising of compound wall/ fencing of the suit land measuring one kanal under survey No. 281 Khewat No. 1 situated at Moza Lawapora Tehsil Srinagar. Application for temporary injunction was also filed. In this application, the trial court has passed interim direction dated 5 -6 -2004 restraining the respondent from interfering in the peaceful possession over the suit land and or preventing him from raising the compound wall till the disposal of the suit. This order has been confirmed by the appellate court vide its order dated 18 -8 -2004.