KHAZIR BHAT Vs. MOHD SHEIKH
HIGH COURT OF JAMMU AND KASHMIR
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(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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