Dismissed

Sonaullah Wani and Ors. v. Union Territory of J and K and Ors. (Revenue Department)

J&K HC7 Dec 2021CM(M)/195/2021

Case brief

AI extract

What is this about?

This single judge order dismissed a writ petition filed under Article 227 of the Constitution by defendants in a civil suit challenging interim status-quo directions passed by the trial court. The court held the petition non-maintainable because the impugned order was subject to revision/appeal by the District Judge.

What did the court decide?

Petition dismissed as non-maintainable; liberty granted to avail remedy of appeal.

Sonaullah Wani and Ors. Vs Union Territory of J and K and… — Property and Title | J&K HC (2021)

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Supp list 1 Serial No. 197

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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CM(M) No. 195/2021 CM No. 8018/2021

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Sonaullah Wani and Others

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Petitioner(s)/ Appellant(s)

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Through: - Mr Sajid Irfan, Advocate. V/s

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Union Teritory of J&K and Others

…..Respondent(s)

Through: -

CORAM:

Hon’ble Mr. Justice Sanjeev Kumar, Judge.

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ORDER

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07.12.2021

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Impugned in this petition filed under Article 227 of the Constitution of India, is the order dated 28.06.2018 (for short „the impugned order‟) passed by the court of Sub-Judge Ganderbal, (for short „the trial court‟) in a Civil Suit titled “Mst. Raja and Anr. Vs., Sonaullah Wani and Others”. The petitioners herein are defendants 1 to 5 before the trial court.

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Having heard learned counsel for the petitioners and perused the impugned order.

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From bare perusal, it clearly transpires that trial court after hearing both the sides passed interim directions and directed the parties i.e. the plaintiffs and defendants to maintain status-quo till final disposal of the case. The trial further provided that in case defendant No. 6 undertakes any construction on portion of suit property he shall dismantle the same at his own risk and responsibility if, the plaintiffs ultimately succeed in the suit. The

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defendant No. 6 also has been called upon to submit an undertaking in this behalf.

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Defendant Nos. 1 to 5 in the suit are before this court invoking Supervisory Jurisdiction for this court to modify the interim directions passed by the trial court, so as to permit the petitioners herein also to raise construction on the portion of the suit property under their occupation.

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Order impugned is an order which is assailable before the District Judge and the petitioners without availing remedy of appeal, have straightaway, approached this court invoking Supervisory Jurisdiction of this Court vested by Article 227 of the Constitution of India. It is not the case of the petitioners that the order impugned passed by the trial court is either without jurisdiction or is palpably erroneous and has resulted in serious miscarriage of justice.

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Be that as it may, impugned order passed by the trial court is appealable before the District Judge and therefore, I refrain from entertaining this petition under Article 227 of the Constitution of

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India. This petition is found not maintainable and same is accordingly, dismissed , along with connected CM.

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The petitioners, however, shall be at liberty to avail the remedy of appeal before appropriate court.

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(Sanjeev Kumar) Judge

Srinagar

07.12.2021

“ Ishaq ”

ISAQ HAMEED BHAT 2021.12.08 14:10 I attest to the accuracy and integrity of this document

Sonaullah Wani and Ors. v. Union Territory of J and K and Ors. (Revenue Department)

Case brief

What is this about?

What did the court decide?

Sonaullah Wani and Ors. v. Union Territory of J and K and Ors. (Revenue Department)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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