HIGH COURT OF JAMMU AND KASHMIR
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(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
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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