SALAAM DAR Vs. MAHADA DAR

JUDGEMENT

(1.) THIS Revision Petition is directed against the order dated 08.12.2008, passed by Munsiff, Budgam, whereby and whereunder application for grant of ad -interim relief moved by the respondent/ plaintiff came to be granted and exparte order of status -quo/ injunction granted vide order dated 25th of June, 2008 came to be confirmed, on the grounds taken in the revision petition.

(2.) IT is averred in the revision petition that Ghulam Mohammad Dar, brother of the respondent/ plaintiff has already filed a suit relating to the same subject matter and has prayed for the same relief by the present respondent/ plaintiff.

(3.) THE brief facts of the case are that a suit for permanent injunction along with application for ad -interim relief came to be filed by the plaintiff -respondent on the ground that he is the owner in possession of land measuring 04 kanals and 05 marlas covered under survey No.371/11 situate at Village Sheikhpora Tehsil and District Budgam, on which he had constructed a residential house and kitchen more than 20 years back. The level of his house is 11 ft. below the level of Srinagar -Budgam road and defendant -petitioner was also having a house adjacent to the land of the plaintiff/ respondent which he has dismantled and is now raising a new construction by levelling his land by filling it with clay, stones, cement etc. and thereby has raised the level of his land higher than the level of the land of the plaintiff/ respondent, which will adversely affect his rights and interests. In case defendant -petitioner is allowed to construct plinth and go ahead with the construction, that would cause damage to the wall and other property of the plaintiff -respondent and the market value of his property would also get affected. The plaintiff/ respondent has sought decree of permanent injunction and interim relief for temporarily restraining the petitioner/ defendant from raising any sort of plinth or to raise the ground level for construction.