Mohammad Shafi Wani And Anr vs Gull Mohammad Wani And Ors

Sanjeev Kumar, J

Impugned in this appeal is order of interim relief passed by the Principal District Judge, Budgam, [‘the trial court’] on 27th November, 2023, whereby the appellants herein (defendants 1 and 2 in the suit) have been restrained from interfering in the process of construction undertaken by the respondent no. 1 on a land comprising under Survey No. 666 situate at village Narkara Tehsil and District Budgam, [‘subject land’].

Impugned order is assailed by the appellants on the ground that the respondent no. 1 has filed a suit for partition of the subject property as also for putting him in possession of his share and, therefore, the learned trial court could not have permitted the respondent no. 1 to raise construction and change the position on spot.

It is, thus, argued by learned counsel for the appellants that the trial court being aware that respondent no. 1 did not have prima facie case to claim interim relief granted to him, yet passed the impugned order. Learned counsel further argues that the trial court did not also take into consideration the twin requirements for grant of interim relief i.e., balance of convenience and irreparable loss.

Heard Mr. Nisar Ahmad Bhat, learned counsel for the appellants.

Notice to the respondents returnable within four weeks.

Requisite steps for service within two weeks.

List again on 11th March, 2023.

In the meanwhile, subject to objections and till next date of hearing before the Bench, the parties shall not change the status of the subject property by raising construction or in any other manner nor shall they create any third-party interest on the said subject property.