AB RASHID Vs. AB AZIZ
LAWS(J&K)-2006-4-6
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 21,2006

Ab Rashid Appellant
VERSUS
Ab Aziz Respondents

JUDGEMENT

- (1.) THIS revision arises out of order dated 18 -10 -2003 passed by the learned District Judge, Kathua reversing the order of Munsiff, Billawar dated 20 -2 -2003.
(2.) BRIEFLY stated the facts as emerge from the record are that the present petitioner filed a suit for permanent prohibitory injunction in the Court of Munsiff, Billawar against the defendants from raising construction over the property comprising Survey Nos 201, 1960, 1965, 2819 situated at village Barota, Tehsil Billawar claiming himself to be co -owner in possession with the defendants.
(3.) IT was alleged that without partition of the property and without the consent of the plaintiff, the defendants are raising construction over the joint land. The defendant contested the suit on the ground that the property was partitioned by oral partition and both the parties are in possession of half of the share. The defendants further stated that one of the defendants is in the process of raising construction of residential house over 3 Marlas of land fallen to their share. The trial Court initially granted ad -interim injunction maintaining status -quo, but subsequently vide order dated 20 -2 -2003 vacated the order dated 20 -8 -2002 granting ad -interim injunction. This order came to be challenged before the learned District Judge, Kathua who vide order impugned reversed the order of the trial Court and issued an injunction restraining the defendants from raising any construction on suit land or causing any damage till final disposal of the suit.;


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