22.07.2025
1. The petitioner has challenged order dated 09.07.2025 passed
by learned Principal District Judge, Kulgam, whereby appeal
against order dated 12.06.2025 passed by learned Sub Judge
Kulgam has been dismissed.
2. It appears that the petitioner has filed a suit before the Court of
learned Sub Judge, Kulgam (hereinafter referred to as “the trial
Court”) seeking permanent prohibitory injunction against the
respondents/defendants. According to case of the
petitioner/plaintiff, he alongwith respondent/defendant No.5 is
recorded owner in possession of land measuring 19 marlas
(7 marlas falling under survey No.1082/376, 7 marlas falling under
survey No. 1083/376 and 5 marlas falling under survey
No.1353/1115/376) situated at Village Avil Tehsil D.H.Pora,
which they have inherited from their predecessor-in-interest in
equal shares. It has been pleaded that the petitioner/plaintiff has
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constructed a residential house and a cowshed on a portion of suit
land and remaining portion of the land is being used by him as a
compound. According to the plaintiff, respondents 1 to 4/contesting
defendants, who are having no right or title over the suit land, are
causing interference in his peaceful possession and enjoyment of
the suit land and they are hell bent upon to make construction by
way of encroaching the pathway which is eight feet wide and also
some portion of the suit land. Alongwith the plaint, the plaintiff
also filed an application under Order 39 Rules 1 and 2 CPC seeking
interim injunction against the contesting defendants/respondents.
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