BASHANDGANI ISHBER Vs. UMAR-UD-DIN CHOPAN
LAWS(J&K)-2006-11-33
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 14,2006

Bashandgani Ishber Appellant
VERSUS
Umar -Ud -Din Chopan Respondents

JUDGEMENT

- (1.) THIS appeal is directed against the order dated 16th June, 2005, hereinafter referred to as impugned order, passed by First Additional District Judge, Srinagar in a suit titled Bashandgani Ishber Guptganga Vs. Umar -ud -Din Chopan and others, whereby application filed by the plaintiff for grant of interim relief came to be dismissed. FACTS:
(2.) PLAINTIFFS -appellants filed a suit for declaration and mandatory injunction in the representative capacity. Alongside the suit, plaintiffs also filed three miscellaneous applications; one for grant of permission to file the suit in representative capacity under Order 1 Rule 8 of Civil Procedure Code, for short hereinafter referred to as Code, second for dispensation of notice in terms of Section 80 of the Code and third for grant of interim relief.
(3.) IT appears that trial court granted permission to file the suit in the representative capacity under Order 1 Rule 8 of the Code and also dispensed with the requirement of Section 80 of the Code. The trial court issued notice in application for grant of interim relief and directed the parties to maintain status -quo. Defendant No. 1 -Respondent No. 1 filed application in terms of Order 39 Rule 4 of the Code for vacation of the order and trial court after hearing the learned counsel for the parties dismissed the application for grant of ad -interim relief. Feeling aggrieved of the said order, plaintiffs preferred this appeal. ;


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