LAWS(J&K)-2019-7-50

TARIQ AHMAD BHAT Vs. IQBALA AKHTER

Decided On July 02, 2019
Tariq Ahmad Bhat Appellant
V/S
Iqbala Akhter Respondents

JUDGEMENT

(1.) A civil suit titled Tariq Ahmad Bhat and another v. Iqbala Akhter and others, for grant of declaration with consequential relief of mandatory injunction, has been filed by present petitioners/plaintiffs against respondents/defendants before the court of Additional Special Mobile Magistrate, Kulgam (for brevity "Trial Court") on 5/5/2017. Threshold ad interim injunction was passed by Trial Court on 6/5/2017 (Annexure XI to petition), which was subject to objections from other-side. Written statement (Annexure XII to petition) was filed by respondent/defendant no.1 in opposition to the suit of petitioners before Trial Court. By order dtd. 19/12/2017, Trial Court made absolute ad interim order dtd. 6/5/2019.

(2.) Aggrieved of aforesaid order dtd. 19/12/2017, passed by Trial Court, respondent no.1 herein preferred a Civil Miscellaneous Appeal before Principal District Judge, Kulgam (for short "Appellate Court"). After considering rival contentions of parties, learned Appellate Court vide order dtd. 11/5/2019 set-aside the Trial Court order dtd. 19/12/2017, vouchsafing liberty to respondent no.1/appellant to take up the matter with bank authorities for freezing her account. It is this order, of which petitioners are aggrieved and throw challenge thereto in terms of present writ petition, filed under Sec. 104 of the Constitution of J&K State and implore setting-aside thereof.

(3.) I have heard learned counsel for parties and considered the matter.