Shamima Mir And Ors vs Mohammad Afzal Mir on 14 May, 2025

Jammu & Kashmir High Court – Srinagar Bench

Shamima Mir And Ors vs Mohammad Afzal Mir on 14 May, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                           101
                                           Suppl

    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT SRINAGAR
                                 CM No. 2911/2025
                                In FAO No. 14/2025
                                 CM No. 2912/2025
Shamima Mir and Ors.           ..... Petitioner (s)

                       Through: Mr. Aatir Javid Kawoosa, Adv.
                               with Mr. Areeb Javid Kawoosa,
                               Adv.
                    V/s

Mohammad Afzal Mir
                                          ..... Respondent(s)
                      Through:
Coram:
          Hon'ble Mr. Justice Sanjay Dhar, Judge

                           ORDER

14.05.2025

CM No. 2911/2025:

For the reasons stated in the application, the same is allowed

and the requirement of filing certified copy of order dated

01.05.2025 is dispensed with. The appellants shall file the same

within one week.

CM disposed of.

FAO No. 14/2025

The appellants have challenged order dated 01.05.2025 passed

by the learned Additional District Judge, Srinagar whereby in a
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In FAO No. 14/2025
CM No. 2912/2025

suit filed by the respondent/plaintiff against the

appellants/defendants, while disposing of the application of the

respondent/plaintiff under Order 39 Rule 1 and 2 of Code of Civil

Procedure, the appellants/defendants have been restrained from

interfering in the possession of the respondent/plaintiff in respect

of a residential house and land situated at Boni Bagh,

Baghwanpora, Lal Bazar, Srinagar and the parties have been

further directed to maintain status quo in respect of the properties

situated at Shaheed Gunj, Srinagar and Jungpura-A New Delhi.

Learned counsel for the appellants has submitted that the

respondent/plaintiff in his suit had clearly admitted that he is out of

possession of residential house and the property situated at Boni

Bagh, Baghwanpora, Lal Bazar, Srinagar, as such, there was no

occasion for the learned trial court to restrain the

appellants/defendants from interfering in the possession of the

respondent/plaintiff in the said property. He has further submitted

that status quo with regard to the rest of the suit properties could

not have been directed to be maintained, as there was prima facie
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In FAO No. 14/2025
CM No. 2912/2025

material on record to show that the said properties had been

purchased in the name of the appellants/defendants.

Issue notice to the respondent subject to taking of necessary

steps by the appellants within one week.

In the meantime, the impugned order passed by the learned trial

court shall remain stayed.

List on 11.07.2025.

(Sanjay Dhar)
Judge
SRINAGAR
14.05.2025
Aasif