Manzoor Ahmad Khan vs Ab.Rashid Khan

The Civil Revision Petition on hand owes its origin to the suit filed by the plaintiffpetitioner (petitioner herein) in the Court of learned Principal

District Judge Kupwara (PDJ for short) for a decree of perpetual injunction, essentially seeking a restraint against the construction on the suit land

by the defendant (respondent herein). Along side, an application for interim injunction was also filed, consideration whereof had begotten an ad

interim relief to his favour, directing the parties to maintain status quo in respect of the suit land, fall out being, restraint placed on the respondent

from going ahead with the construction in question. Until grant of interim direction and its continuation, the petitioner remained satisfied with

exercise of such jurisdiction by the learned PDJ but when consideration to confirm or vacate it occasioned, he recalled that he was going to lose

right of appeal, ex facie, an attempt to prolong the life of the ad interim direction which got frustrated when rightly turned down by the learned PDJ.

It goes without saying that if such unhealthy practice receives encouragement, effective control over the judicial proceedings would be a casualty,

therefore, it must be curbed with a heavy hand. More so, it is nobody's case that the learned PDJ lacks territorial or pecuniary jurisdiction, thus no

fault can be found with the view taken by him.

Dealing with the claim staked by the petitioner for interim injunction, the learned PDJ has placed reliance on the available material, scrutiny

whereof resulted in a conclusion on his part to the effect that prima facie the construction was being raised by the respondent on a piece of land

belonging to him which is in his lawful possession. Examining the rival contentions of the parties to the suit on the touchstone of relevant factors, ad

interim direction came to be vacated subject to the conditions spelt out therein the impugned judgment, operative part whereof reads:

In the above backdrop, the interim injunction granted on 15.04.2009 stands discharged. The non applicant shall however abstain from raising

further construction of the house or have the roofing of the house, unless the distance delineated in the site plan prepared by the Commissioner is

maintained between the said construction and the boundary line dividing the strips of land owned by applicant and non applicant. However, in

order to preserve the lis subject to further outcome of suit, it is ordered that the non applicant shall submit an undertaking before the court that

construction raised by him would remain subject to further outcome of the suit and if the applicant succeeds in suit, the non applicant shall demolish

the construction at his own expenses.

The reproduction of the relevant paragraph of the impugned judgment makes it very clear that the learned PDJ has very effectively protected the

interests of the petitioner, obviously, the petitioner has no cause to register the grouse. Otherwise also the Revision petition is liable to be

dismissed, for, the well reasoned impugned order does not suffer from any error. Revision petition is dismissed along with CMP without any order

as to costs. Registry to communicate the order to the learned Principal District Judge, Kupwara.