Mohd. Qasim vs Mir Mohd. & Anr

Moksha Khajuria Kazmi, J

By this petition filed under Article 227 of the Constitution of India, petitioner herein has challenged order dated 22.10.2025, passed by learned District Judge, Poonch, whereby the appeal preferred by the petitioner has been dismissed, being time barred. Petitioner has also challenged order dated 27.06.2022, passed by learned Sub-Judge, Surankote, whereby an application filed under Order IX Rule 13 Code of Civil Procedure for setting aside exparte order dated 31.10.2015, came to be rejected.

Learned counsel for the petitioner states that in terms of decree dated 31.10.2015, suit of Permanent Prohibitory Injunction has been decreed in favour of the plaintiff/respondent No.1, restraining the petitioners/defendants to interfere into the suit land, in any manner, with the consequential relief that the Kachha structure along with plinth raised over 5/6 marlas of land out of the total suit land of plaintiff/respondent No.1, shall be dismantled.

Learned counsel for the petitioner states that petitioner has raised concrete structure of triple storey on the suit land which is in dispute. In case, the structure where the petitioner is residing with his family would be dismantled, he would suffer irreparable loss.

Issue notice to the respondents, returnable within two weeks.

Dasti service is also permitted.

List on 24.12.2025.

Meanwhile, subject to objections from the other side and till next date of hearing, parties to the lis are directed to maintain status quo, qua the property in dispute.

Alteration/modification on laying motion.

Registry is directed to summon the digitized record the Court of learned District Judge, Poonch.