ALAM DIN HAQLA AND ANR. v. GHULAM HASSAN MAGERAY AND ORS.
CM(M)/201/2023 · 2026-07-08
Rahul Bharti
body2023
DailyLaw.ai
[ 2023 DAILYLAW 1059 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 1059 (JK) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM(M) 201/2023 CM(5268/2023).
Alam Din Haqla And Anr.
…Applicant(s)/Petitioner(s)
Through: None.
VERSUS
Ghulam Hassan Mageray And Ors.
…Respondent(s)
Through: None.
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER 08.07.2026
1. The institution of this petition invoking article 227 of the Constitution of India came to take place on 25.08.2023 by reference to an order dated 17.08.2023 passed by the Court of Munsiff, Aishmuqam in a civil suit preferred by the petitioners as plaintiffs against the respondents as being the defendants.
2. In response to an application filed by the defendants/respondents herein invoking section 151 of the Code of Civil Procedure, 1908, the Court of Munsiff, Aishmuqam came to appoint the concerned Numberdar and Chowkidar of village as Superdars with respect to the subject matter property of the suit and directed them to thresh the walnut trees, 8 in number, falling in suit survey Nos. 841 and 871 situated at Grendaish, and thereafter carry out the sale of the produce on spot and deposit the sale proceeds.
3. This Court, in terms of order dated 28.08.2023, came forward with an intervention by staying the operation of the impugned 09 Regular
order dated 17.08.2023 meaning thereby that the direction given in order dated 17.08.2023 did not take effect to start to its logical end. Therefore, by this time in July 2026, said order has lost its efficacy and the application of the respondents/defendants was also time-specific.
4. Accordingly, this Court sets aside the order dated 17.08.2023, leaving it open to the parties to work out their remedies within the scope of the civil suit before the trial court of Munsiff, Aishmuqam.
5. In case, the trial court of Munsiff, Aishmuqam, has not disposed of the application under Order 39 rules 1 and 2 of the Code of Civil Procedure, 1908 filed by the petitioners, then the same shall first be disposed of and thereafter any subsequent interim direction/relief, as may be solicited, subject to the outcome of the temporary injunction application, shall be considered upon an application being made for being granted by the Court of Munsiff, Aishmuqam.
6. Accordingly the petition stands disposed of accordingly.
7. Copy of this order be forwarded to the learned Munsiff, Aishmuqam for the sake of notice and compliance.
(RAHUL BHARTI)
JUDGE
SRINAGAR 08.07.2026 Bisma Jan.