BASANDGANI PADERGUND Vs. MOHD. SULTAN MALIK & ORS.

JUDGEMENT

(1.) This revision petition is directed against the order passed by District Judge, Kupwara in an appeal against an order of status quo passed by Sub-Judge, Handwara, in a suit filed in a representative capacity under Order 1, Rule 8 of the Civil Procedure Code.

(2.) The objection raised to the order, by Mr. Sofi is that: no appeal will lie against an order passed under Sec. 151 of the Civil Procedure Code, so the District Judge, Kupwara has no jurisdiction to entertain an appeal against an order dated 27-2-1989 passed by a Court below on an application filed by the plaintiff-petitioner for injunction regarding the construction of the building on the suit land.

(3.) The second point raised by Mr. Sofi is, that the Court below erroneously has recorded a finding that the Trial Court has not passed on order under Order 1, Rule 8 of the Civil Procedure Code, which order exists on the file and duly noticed and notice for publication has been issued for which bill has already been received by the Court, which fact the Court below has omitted to observe and illegally recorded a finding on the point.