KHAZIR BHAT Vs. MOHD SHEIKH
LAWS(J&K)-1986-9-18
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 12,1986

Khazir Bhat Appellant
VERSUS
Mohd Sheikh Respondents

JUDGEMENT

- (1.) NOTICE was issued to the respondent but despite service none of the respondents is present. They have already been set exparte.
(2.) HEARD Mr. Balti, learned counsel for the petitioner.
(3.) AFTER arguing for a while, learned counsel for the petitioner submits that since it was during the pendency of the suit in the trial court, that respondent No. 1 took forcible possession of about 1 Kanal of land under Khasta No. 325 and has raised a construction thereon, the petitioner filed a contempt petition which is pending in the trial court - Learned counsel submits and in my opinion not without merit that if the contempt petition is decided in favour of the petitioner then the parties shall have to be relegated to the position which existed at the time when the suit was filed. He, therefore, seeks so with draw this revision petition at this stage. The revision petition is accordingly dismissed. Record of the case is directed to be sent back to the trial court without delay. The trial court shall proceed with the case expeditiously. The petitioner through his counsel is directed to appear before the trial court on October 11,1986.;


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