Allowed

Ghulam Rasool Bhat v. Abdul Gani Mir and Ors.

J&K HC15 Jul 2020CM(M)/48/2020

Case brief

AI extract

What is this about?

Hearing an writ petition under Article 227 challenging an interim order staying a status quo in a property dispute, the Court disposed of the matter with the parties' consent, setting aside the impugned order and directing a fresh hearing.

What did the court decide?

Impugned order dated 19.03.2020 set aside; parties directed to appear before Principal District Judge, Shopian on 25.08.2020; status quo maintained till fresh order.

Ghulam Rasool Bhat Vs Abdul Gani Mir and Ors. — Landlord and Tenant | J&K HC (2020)

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Sr. No. 07 Suppl. 2

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HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR

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(Through Virtual Mode)

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CM No. 2441/2020 in CM(M) No. 48/2020 CM No. 2442/2020 Caveat No. 721/2020

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Ghulam Rasool Bhat

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…. Petitioner/Applicant(s)

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Through:Mr. M. M. Bashir, Advocate

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V/s

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Abdul Gani Mir and others

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…..Respondent(s) Through:Mr. Shuja Ul Haq, Advocate for caveator(s)/respondent(s)

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Coram : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

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ORDER

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Caveat No. 721/2020

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With the appearance of Mr. Shuja Ul Haq, learned counsel for the respondents, who is on caveat, caveat stand discharged.

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CM No. 2441/2020

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Applicant seeks extension of time for annexing the requisite court fee with the writ petition.

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For the reasons stated in the application, same is allowed. Applicant is directed to deposit the requisite court fee with the Registry of this Court within a period of one week after lifting the restrictions imposed in the High Court on account of COVID-19 pandemic.

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Application is disposed of.

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CM(M) No. 48/2020 & CM No. 2442/2020

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This petition under Article-227 of the Constitution of India has been preferred by the petitioner challenging order dated 19.03.2020 passed in an appeal by the Principal District Judge, Shopian, vide which, operation of status quo order dated 12.03.2020 passed by Munsiff, Shopian was stayed.

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Learned counsel for the petitioner submits that the petitioner’s suit for permanent prohibitory injunction for restraining the respondents from causing

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CM(M) No. 48/2020

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any interference in the suit property was pending adjudication before the court of learned Munsiff, Shopian and vide order dated 12.03.2018, the parties were directed to maintain status quo with regard to the suit land measuring 07 Kanals 15 Marlas under Survey No. 75 situated at Mastpora Shopian, Tehsil Keller, District Shopian, till next date of hearing fixed in the suit.

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The defendants/respondents herein filed their written statement but subsequently, they moved an application for amendment of the said written statement which was pending adjudication. When they filed an appeal after almost two years against ad interim order of status quo dated 12.03.2018, the Appellate Court has stayed the same.

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Learned counsel for the parties in all fairness have agreed and consented that the impugned order of the Principal District Judge, Shopian, be set aside and the Court below be directed to pass an order afresh after hearing both the parties.

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This petition is disposed of with the consent of the parties and impugned order dated 19.03.2020 passed by the Principal District Judge, Shopian, is set aside. Parties through their counsel are directed to appear before the Court of Principal District Judge, Shopian on 25.08.2020, who shall after hearing both the parties pass an order afresh and till such time the order is passed, the parties shall maintain status quo and no construction shall be raised on the land in dispute.

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Disposed of alongwith all the connected applications.

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(Sindhu Sharma) Judge

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SRINAGAR 15.07.2020 SUNIL-II

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Whether the order is speaking : Yes Whether the order is reportable : Yes/No

Ghulam Rasool Bhat v. Abdul Gani Mir and Ors.

Case brief

What is this about?

What did the court decide?

Ghulam Rasool Bhat v. Abdul Gani Mir and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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