SYED TOWHEED AHMAD SHAH Vs. MOHAMMAD AKBAR MALLA

JUDGEMENT

(1.) The petitioners in this petition have invoked the supervisory jurisdiction by this Court vested in terms of Sec. 104 of the Constitution of Jammu and Kashmir, for seeking quashment of the Order dtd. 5/10/2018 passed by the learned Sub Judge, Pattan, in a Civil Suit titled Mohammad Akbar Malla versus Syed Towheed Ahmad and others.

(2.) Briefly stated the facts as gatherable from the record are: the suit for Injunction came to be instituted by respondent no.1 (plaintiff) in the court of Sub-Judge, Pattan (for brevity the "Trial court") against the petitioners (defendants), claiming, inter alia, a decree of permanent prohibitory Injunction restraining the petitioners herein and proforma respondent from causing any sort of interference with the peaceful possession and ownership of two shops situated in shopping complex constructed on the land measuring 02 Kanals and 17 1/2 Marlas falling under survey No. 892 Min situated at Diwar Yakmanpora Pattan. The suit was contested by the petitioners along with proforma respondent by filing written statements. The stand taken by the petitioners is that they are in occupation of the two shops in question in their capacity as tenants of the respondent no. 1 and therefore, in settled possession thereof.

(3.) The matter was considered by the Trial court after affording opportunity to address the arguments by the learned counsel for the both sides and vide its Order dtd. 19/10/2015, the Trial court, while modifying the earlier interim order dtd. 13/8/2015, directed the parties to maintain status quo with respect to the suit property till disposal of the main suit. The aforesaid interim direction was passed by the Trial court after returning prima facie findings of the fact that the petitioners were in possession of the suit shops. The respondent no.1 challenged the aforesaid interim order by way of an Appeal before the First Additional District Judge, Baramulla (hereinafter referred as the "Appellate court"). The Appellate court maintained the status quo passed by the Trial court with regard to the maintaining of the status quo, but provided that the petitioners shall furnish undertaking to the extent: