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2025 DAILYLAW 6088 (JK)

ABDUL RASHEED LONE v. GH.NABI LONE AND ORS

WP(C)/113/2025 · 2025-01-17

Mohd Yousuf Wani

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2 WP(C) no. 113/2025 CM.no. 245/2025 S. No. 10 Suppl Cause List-1 INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) no. 113/2025 CM.no. 245/2025 Abdul Rasheed Lone …Appellant(s)/Petitioner(s) Through: Mr. Suhail Mehraj, Advocate Vs. Gh. Nabi Lone and others ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI-JUDGE ORDER 17.01.2025 The short grievance of the petitioner projected by him in the instant petition being filed by invoking the provisions of Article 226 of the Constitution of India is that a civil suit is pending between the parties before the learned Additional District Judge, Bandipora, in which ad interim order of status quo dated 17.10.2024, has been passed in the temporary injunction application. That the petitioner who is a co-defendant in the trial suit is owing 03 Marlas of land under survey no. 337/5, situated at Hajin, Sonawari, Bandipora, which is outside of the subject matter of the trial suit. That the petitioner has cut some poplar trees on the said land, but under the garb of the status quo order passed on 17.10.2024, the police concerned being approached by the other side has not been allowing him to remove the severed timber/wood from the said land. That the petitioner has already on 02.12.2024, filed an application for clarification of the status quo order dated 17.10.2024 before the learned Trial court, but same is not being addressed by the learned Trial court, which has caused great hardship and irreparable loss to the petitioner. 2 WP(C) no. 113/2025 CM.no. 245/2025 Heard learned counsel for the petitioner and considered his submissions. In the backdrop, the instant petition is disposed of with a direction to learned Trial court to dispose of the application already moved by the petitioner for clarification of order of status quo dated 17.10.2024 positively on the next date of hearing of the case, so that the petitioner may be in a position to avail his rights viz-a-viz the land measuring 03 Marlas falling under Survey no. 337/5, situated at Hajin, Sonawari, Bandipora, provided the same falls outside of ambit of the suit land. A copy of this order be forwarded to learned Trial court for compliance. The SHO concerned shall comply with the orders to be passed in the clarification application in respect of the land. Disposed of along with connected CM. (MOHD YOUSUF WANI) JUDGE SRINAGAR 17.01.2025 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 18.01.2025 16:07