Abdul Rasheed Lone vs Gh. Nabi Lone And Others on 17 January, 2025

Jammu & Kashmir High Court – Srinagar Bench

Abdul Rasheed Lone vs Gh. Nabi Lone And Others on 17 January, 2025

                                            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