AFTAB AHMAD KHAN Vs. MOHAMMAD TARIQ RESHI

JUDGEMENT

(1.) In terms of the instant appeal, appellant prays for modification of the order of trial court dated 29-12-2015 to the extent it directs that no third party interest be created in respects of 1/3rd share of the suit property with further direction that pending disposal of the suit, the respondent No. 1 shall not alienate 2/3rd share from the suit property or create third party interest therein in any manner whatsoever.

(2.) Facts, for grant of relief as put forth in the memo of appeal are that:

(3.) It needs to be noted herein that the appellant has not filed the written statement before the learned trial court and made the court known about the stand taken by the plaintiff/respondent No. 2 in the suit filed before the trial court. Similarly, another defendant i.e. No. 1 too has not filed written statement before the trial court. Application came however to be filed before the said court for rejection of the plaint by the said defendant and the said application came to be dismissed by the learned trial court in terms of order dated 21-12-2015. The Operative part of the judgment is apt to be reproduced herein as: