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2025 DAILYLAW 7342 (JK)

MOHAMMAD MANSOOR LONE v. GH.NABI LONE AND OTHERS

CM(M)/194/2025 · 2025-05-19

Sanjay Dhar

body2025

Judgment text

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06 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 194/2025 CM No. 3019/2025 Mohammad Mansoor Lone ….. Petitioner (s) Through: Mr. Showkat Ali Khan, Adv. V/s Gh. Nabi Lone and Ors. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 19.05.2025 1. The petitioner is, aggrieved of order dated 08.05.2025 passed by the learned Civil Judge Jr. Division/Munsiff, Pulwama whereby the learned trial court has clarified its order dated 15.04.2025 to the effect that the same is binding only on the parties to the suit and not the applicant namely Mst. Nasreena (respondent No. 5 herein). 2. Learned counsel for the petitioner has submitted that Mst. Nasreena happens to be wife of respondent No. 2 and P a g e | 2 CM(M) No. 194/2025 CM No. 3019/2025 daughter-in-law of respondent No. 1 who stand impleaded as defendant No. 1 and 2 in the main suit before the trial court. It has been contended that respondent No. 5 under the garb of being a stranger to the suit, has sought clarification by virtue of the impugned order with a view to defeat the interim order dated 15.04.2025 whereby the parties have been directed to maintain status quo with respect to land measuring 03 kanals 08 marlas 64 Feet falling under Survey 224 and land measuring 01 kanal and 17 marlas falling under Khasra No. 1821 situated at Nehama, Pulwama. 3. It is being contended that respondent No. 5 at the behest of other defendants has started interfering in the suit land and under the garb of clarification order, she is trying to defeat order dated 15.04.2025, which as per the clarification issued by the learned trial court is not binding upon her. The learned counsel has further submitted that the petitioner has already moved an application before the trial court seeking impleadment of respondent No. 5 as defendant to the suit. 4. Having regard to the nature of the controversy projected by the petitioner in the present petition, the same can be P a g e | 3 CM(M) No. 194/2025 CM No. 3019/2025 disposed of at the threshold itself by issuing appropriate direction to the learned trial court. 5. Accordingly, the petition is disposed of with a direction to the learned trial court to decide the application of the petitioner seeking impleadment of respondent No. 5 expeditiously. Till such time the application is decided, the parties including respondent No. 5 shall maintain status quo with respect to the suit land . 6. Disposed of as above. (Sanjay Dhar) Judge SRINAGAR 19.05.2025 Aasif