Implimentation 151
Implimentation 151
Implimentation 151
Bandipora
In Case of :-
Sharif-ul-lah
S/o Abdullah Gojar
R/o Onagam Bandipora
…..APPLICANT/PLAINTIFF
V/S
1. Ghulam Mohiudin Qazi S/o Abdul Hamid Qazi
2. Abdul Ahad Qazi S/o Abdul Hamid Qazi
3. Showket Ahmad Qazi S/o Ghulam Mohiudin Qazi
4. Shakeel Ahmad Qazi S/o Ghulam Mohiudin Qazi
5.sameer Ahmad Qazi S/of Ghulam Mohiudin Qazi
6. Jamsheed Ahmad Qazi S/o Abdul Ahad Qazi
All residents of Onagam Bandipora.
(Non-Applicants/Defendants)
That the above titled civil suit is pending disposal before this honorable court and
That this honorable court vide order dated 03.04.2021 has been pleased to pass an
interim order and thereby defendants/non-applicants shall not interfere with the
suit property falling under survey No 1093min (02 Marlas) but the non-applicants
try to grab the suit property and are making hurdels to harvest the wallnut upon
That the applicant land was fensed with wall and the non-applicants try to
dismentaled the same wall over the land of the applicant, as such has violated the
court orders.
That the defendants /non-applicants who always believe in the muscle power and
women folk are always busy in unlawful activities despite being in know of the
court order passed by this Honble Court, such the ends of justice demand that the
That it is pertenant to mention here that the non-applicants had given undertaking
that they will not interfere with the suit property especially the harvesting of
applicant for kind perusal of this Honble Court, but the non-applicants had made
unnecessary hurdels and started to interfere with the suit property for which FIR
has been Lodged against the non-applicants, same is enclosed with this
application.
In the premises it is therefore prayed that the SHO Police Station Bandipora be
directed to implement the court order dated 03.04.2021 in its letter and spirit on
spot and restrain the defendants/ non-applicants not to cause any sort of interfere
with the suit land. For the same would be inconsonance with law and justice.
That the above titled civil suit is pending disposal before this honorable court and
That this honorable court vide order dated 30.05.2024 has been pleased to pass an
interim order and thereby defendants/non-applicants shall not interfere with the
suit property falling under survey No 1093min but the non-applicants try to grab
That the applicants land was fensed with wall and the non-applicant dismentaled
the same wall over the land of the applicant,as such has violated the court orders.
That the defendants /non-applicants who always believe in the muscle power and
women folk are always busy in unlawful activities despite being in know of the
court order passed by this Honble Court, such the ends of justice demand that the
court order dated 10.04.2018 be implemented through SHO police station
Bandipora in its letter and spirit and SHO police Station be directed to go on spot
In the premises it is therefore prayed that the SHO Police Station Bandipora be
directed to implement the court order dated 10.04.2018 in its letter and spirit on
spot and restrain the defendants/ non-applicants not to cause any sort of interfere
with the suit land. For the same would be inconsonance with law and justice.
That the above titled civil suit is pending disposal before this honorable court and
That this honorable court vide order dated 10.04.2018 has been pleased to pass an
interim order and thereby defendants/non-applicants shall not interfere with the
suit property falling under survey No 1093min but the non-applicants try to grab
That the applicants land was fensed with wall and the non-applicant dismentaled
the same wall over the land of the applicant,as such has violated the court orders.
That the defendants /non-applicants who always believe in the muscle power and
women folk are always busy in unlawful activities despite being in know of the
court order passed by this Honble Court, such the ends of justice demand that the
Bandipora in its letter and spirit and SHO police Station be directed to go on spot
In the premises it is therefore prayed that the SHO Police Station Bandipora be
directed to implement the court order dated 10.04.2018 in its letter and spirit on
spot and restrain the defendants/ non-applicants not to cause any sort of interfere
with the suit land. For the same would be inconsonance with law and justice.
In The Case of :-
1. Haleema Begum R/o Garoora Bandipora
Versus
1. Ghulam Mohammad Rather
S/o Ghulam Ahmad Rather
R/o Garoora Bandipora
2. Nana Begum D/o Ghulam Ahmad Rather
R/o S.K.Bala Bandipora
3. Hafeeza Begum D/o Ghulam Ahmad Rather
R/o Gund Dachina Bandipora
…(Applicants/Defendants)
below mention.
1. That the above titled civil suit is pending disposal before this honorable court
2. That this honorable court vide order dated 14.10.2023 has been pleased to pass
an order with the direction to "carry out the agricultural activities" upon the
01M) situated at village Garoora Bandipora and the plaintiffs alongwith their
family members below mentioned try to grab the said land of the
defendants/applicants and try to stop the agricultural activities over the suit land
and further more the non-non-applicants/plaintiffs try to dispose off the whole
land of the applicants and try to dispossed the applicants/defendants from the suit
land. Copy of order dated 14-10-2023 passed by this Honble Court is annexed
herewith this application for your kind perusal and the details of family members
who are also making interference with the agricultural activities are given as
under:
I. Mohammad Sarwar Ganie S/o Lal Din Ganie R/o Garoora Bandipora
II. Rayees ul Sarwar S/o Mohammad Sarwar Ganie R/o Garoora Bandipora
III. Nazir Ahmad Jan S/o Ghulam Nabi Jan R/o Safapora Bandipora
IV. Nazir Ahmad Mir S/o Rahat Mir R/o Quil Muqam Bandipora
3. That the non-applicants being a muscle powered presons have taken law into
their own hands for which the non-applicants are liable to be restrained and
4. That the greedy has prevailed against the applicants by the non-applicants and
in league with theeir family members try to grab the suit land of the applicants by
interfering with the suit land and the applicants are violating the order passed by
5. That the above named non-applicants have no right upon the suit property and
the non-applicants are violating the order of this Honble Court passed on
14.10.2023, as such they have no locus standi upon the suit property.
6. That the non-applicant alongwith are always believe in the muscle power and
women folk are always busy in unlawful activities despite being in know of the
court order passed by this Honble Court, such the ends of justice demand that the
court order dated 14.10.2023 be implemented through SHO Police Post Bandipora
in its letter and spirit and SHO Police Post Bandipora be directed to go on spot
and implement the court order and also restrain the non-applicants for carrying
Bandipora be directed to implement the court order dated 14.10.2023 in its letter
and spirit on spot and also the non-applicants/plaintiffs be directed not to cause
any sort of interfere with the suit land. For the same would be inconsonance with
Versus
applicants/defendants.
1. That the above titled case was pending disposal before this honorable court has
passed distribution of ancestral property among the legal hairs of Late Ghulam
Qadir Sheergojri but till date the orders and directions of this Honble Court has
an order, but the defendants are reluctant and didn't follow the directions of this
Honble Court. Copy of order passed by this Honble Court is annexed herewith
3. That the greedy has prevailed against the applicants by the non-applicants and
in league wiith some revenue officials and had decided to grab the due shareof
land of the applicants and also try to cut down the poplar trees worth lacs which
includes the share of the applicants and also is violating the order passed by this
Honble Court.
4. That the above named non-applicants as well as their family members have no
right upon the joint property and the non-applicants are violating the statusqua
order of this Honble Court passed on 10.12.2020, as such they have no locus
5. That the non-applicant alongwith above said family members who are always
believe in the muscle power and women folk are always busy in unlawful
activities despite being in know of the court order passed by this Honble Court,
such the ends of justice demand that the court order dated 10.12.2020 be
executed through Tehsildar Bandipora in its letter and spirit and Tehsildar
directed to execute the court order dated 10.12.2020 in its letter and spirit on
spot and also the non-applicants be directed not to cause any sort of interfere with
the property nor cut down and sell down the poplar trees till the proper
distribution of the suit land and property. For the same would be inconsonance
Versus
1. Zia Begum
D/o. Mohammad Yousuf Khan
W/o. Mohammad Sideeq Baba
R/o. Megraypora, Watlab Sopore
……(Proforma
Respondent)
applicants.
1. That the above titled appeal is pending disposal before this honorable court and
2. That this honorable court vide order dated 09.05.2024 has been pleased to pass
status qua with regard to suit land falling under mutation No.613, Dated
the cowshed of the non-applicant No.1&2, same is owned jointly by the them.
Copy of order passed by this Honble Court is annexed herewith this application
3. That the greedy has prevailed against the applicant by the non-applicant No.1
was working in Revenue Department and in league wiith some revenue officials
and had decided to grab the suit land of the applicant by Dismentalling cowshed
5. That the above named non-applicant No.1 as well as his family members has no
right upon the joint property and the non-applicants are violating the statusqua
order of this Honble Court passed on 09.05.2024, as such they have no locus
6. That the non-applicant alongwith above said persons who are always believe in
the muscle power and women folk are always busy in unlawful activities despite
being in know of the court order passed by this Honble Court, such the ends of
justice demand that the court order dated 09.05.2024 be implemented through
Tehsildar Bandipora in its letter and spirit and Tehsildar Bandipora be directed to
directed to implement the court order dated 09.05.2024 in its letter and spirit on
spot and also the non-applicant along with above named person be directed not to
cause any sort of interfere with the property and not to dismentall the cow shed
till outcome of the appeal. For the same would be inconsonance with law and
justice.
In The Case of :-
Haseena Begum
W/o Mohammad Sadeeq Rather
D/o Abdul Khaliq Bhat
R/o Hartang Mantrigam Bandipora
Applicant/Plaintiff
V/s
1. Momin Chopan
S/o Abdul Rahim Chopan
2. Mohd Sultan Chopan
S/o Abdul Rahman Chopan
Residents of Hartang Mantrigam
Tehsil and District Bandipora
Non-applicant/Defendant
applicants.
1. That the above titled civil suit is pending disposal before this honorable court
2. That this honorable court vide order dated 07.07.2019 has been pleased to pass
status qua with regard to suit land under survey Nos.182min measuring 02
Kanals, but the above named non-applicants are trying to grab the land in question
of the plaintiff/applicant and further more the non-applicants are using the said
land for agricultural purposes and sold the apple from the said land and the
revenue generated from the said land has also grabbed by the non-applicants.
Copy of order passed by this Honble Court is annexed herewith this application
3. That the non-applicants have taken the benifit of the lockdown in this pendamic
situation and are not aware that the law will take its own course even if the
situation is worse.
4. That the greedy has prevailed against the applicant by the non-applicants and
they have decided to grab the suit land of the applicant by interfering with the suit
land and the non-applicants are violating the order passed by this Honble Court.
5. That the above named non-applicants who have no right upon the suit property
and the non-applicants are violating the statusqua order of this Honble Court
passed on 06.07.2019, as such they have no locus standi upon the suit property.
6. That the non-applicants who are always believe in the muscle power and
women folk are always busy in unlawful activities despite being in know of the
court order passed by this Honble Court, such the ends of justice demand that the
letter and spirit and Tehsildar Bandipora be directed to go on spot and implement
directed to implement the court order dated 06.07.2019 in its letter and spirit on
spot and also the non-applicants be directed not to cause any sort of interfere with
the suit land. For the same would be inconsonance with law and justice.
In The Case of :-
VERSUS
1. Fayaz Ahmad Akhoon
2. Azad Ahmad Akhoon
3. Khursheed Ahmad Akhoon
4. Bashir Ahmad Akhoon
5. Mehboob Ahmad Akhoon
All sons of Ghulam Mohammad Akhoon
All residents of Kaloosa Bandipora
.DEFENDANTS/NON-
APPLICANTS
applicants.
1. That the above titled civil suit is pending disposal before this honorable court
2. That this honorable court vide order dated 22.07.2020 has been pleased to pass
status qua with regard to suit land under survey Nos. 30 (01K 09M), 33 (16M), 34
(11M), 35(2K 6M), 62(2K) & 63( 3K 7M) total land measuring 10 Kanals 09
Marlas, but the above named non-applicants are trying to grab the land in question
situation and are not aware that the law will take its own course even if the
situation is worse.
4. That the greedy has prevailed against the applicants by the non-applicants and
they have decided to grab the suit land of the applicant by interfering with the suit
land and the non-applicants are violating the order passed by this Honble Court.
5. That the above named non-applicants who have no right upon the suit property
and the non-applicants are violating the statusqua order of this Honble Court
passed on 22.07.2020, as such they have no locus standi upon the suit property.
6. That the non-applicants who are always believe in the muscle power and
women folk are always busy in unlawful activities despite being in know of the
court order passed by this Honble Court, such the ends of justice demand that the
letter and spirit and Tehsildar Bandipora be directed to go on spot and implement
directed to implement the court order dated 22.07.2020 in its letter and spirit on
spot and also the non-applicants be directed not to cause any sort of interfere with
the suit land. For the same would be inconsonance with law and justice.
Abdullah Rather
S/o Late Habib Rather
All residents of Chittibanday
Tehsil & Distt. Bandipora
Plaintiff
V/s
1.Mahad Rather
S/o Aziz Rather
2. Abdul Rashid Rather
S/o Mahad Rathet
3. Mohammad Anwar Rather
S/o Abdul Rashid Rather
4. Shabir Ahmad Rather
S/o Abdul Rashid Rather
5. Mst. Khateeja Begum
W/o Abdul Rashid Rather
All Resident of Chittibanday Bandipora
Tehsil & District Bandipora
(Contesting Defendants)
6. Mohammad Amin Rather
S/o Late Samad Rather
R/o Chittibanday Bandipora
(Profarma Defendant)
That the above titled civil suit is pending disposal before this honorable court and
with the suit property falling under survey No 1373 but the non-applicants are
That the land of the applicant was temporarily fenced, now the applicant has
started the construction of concert wall to protect the same land but the non-
applicants are interfering with the construction work of the said wall over the land
That the defendants /non-applicants who always believe in the muscle power and
women folk are always busy in unlawful activities despite being in know of the
court order passed by this Honble Court, such the ends of justice demand that the
its letter and spirit and Tehsildar Bandipora be directed to go on spot and
implement the court order dated _____________ in its letter and spirit on spot and
restrain the defendants/ non-applicants not to cause any sort of interfere with the
construction of wall over the suit land measing 09 Malrlas under Survey No.1373
In the case of :-
V/s
1.Abdul Aziz
S/o Mohammad Sultan Najar
2. Fayaz Ahmad Najar
S/o Mohammad Subhan Najar
Both residents of Mangnipora Bpr.
Non-Applicants
applicants.
1. That the above titled civil suit is pending disposal before this honorable court
2. That this honorable court vide order dated 22.03.2019 has been pleased to pass
status qua with regard to suit land under survey Nos. 1799 land measuring 03
Marlas, but the above named non-applicants is trying to grab the land in question
of the plaintiff/applicant and defendants/non-applicants. Copy of order is annexed
3. That the non-applicants has taken the benifit of the lockdown in this pendamic
situation and is not aware that the law will take its own course even the situation
is worse.
4. That the greedy has prevailed against the applicants by the non-applicants and
they have decided to grab the suit land of the applicants by changing it's nature
and has found to commit such fraud and loss to applicant during these lockdown
5. That the above named non-applicants has started to fence the said piece of land
who has no right or titled for the same and is violating the statusqua order of this
Honble Court passed on 22.03.2019, as such he has no locus standi upon the suit
property.
6. That the non-applicants who always believe in the muscle power and women
folk are always busy in unlawful activities despite being in know of the court
order passed by this Honble Court, such the ends of justice demand that the court
its letter and spirit and Tehsildar Aloosa Bandipora be directed to go on spot and
Bandipora be directed to implement the court order dated 22.03.2019 in its letter
and spirit on spot and also the non-applicants be directed not to cause any sort of
interfere with the suit land. For the same would be inconsonance with law and
justice.
In the case of :-
V/s
1.Abdul Aziz
S/o Mohammad Sultan Najar
2. Fayaz Ahmad Najar
S/o Mohammad Subhan Najar
Both residents of Mangnipora Bpr.
Non-Applicants
applicants.
1. That the above titled civil suit is pending disposal before this honorable court
2. That this honorable court vide order dated 22.03.2019 has been pleased to pass
status qua with regard to suit land under survey Nos. 1799 land measuring 03
Marlas, but the above named non-applicants is trying to grab the land in question
of the plaintiff/applicant and defendants/non-applicants. Copy of order is annexed
3. That the non-applicants has taken the benifit of the lockdown in this pendamic
situation and is not aware that the law will take its own course even the situation
is worse.
4. That the greedy has prevailed against the applicants by the non-applicants and
they have decided to grab the suit land of the applicants by changing it's nature
and has found to commit such fraud and loss to applicant during these lockdown
5. That the above named non-applicants has started to fence the said piece of land
who has no right or titled for the same and is violating the statusqua order of this
Honble Court passed on 22.03.2019, as such he has no locus standi upon the suit
property.
6. That the non-applicants who always believe in the muscle power and women
folk are always busy in unlawful activities despite being in know of the court
order passed by this Honble Court, such the ends of justice demand that the court
its letter and spirit and Tehsildar Aloosa Bandipora be directed to go on spot and
Bandipora be directed to implement the court order dated 22.03.2019 in its letter
and spirit on spot and also the non-applicants be directed not to cause any sort of
interfere with the suit land. For the same would be inconsonance with law and
justice.
V/s
reshipora Bandipora.
1. That the above titled civil suit is pending disposal before this honorable court
status qua with regard to suit land under survey Nos. 59/1 (12M) & 55 (15M) but
the above named third party is trying to grab the unpartitioned property of the
plaintiff and defendants. Copy of order is annexed herewith this application for
3. That the above named person has started tge construction upon the suit land,
who has no right or titled for the same and also the said Mohammad Sultan Wani
has violated the statusqua order of this Honble Court passed on 24.02.2020, as
4. That the said Mohammad Sultan Wani who always believe in the muscle power
and women folk are always busy in unlawful activities despite being in know of
the court order passed by this Honble Court, such the ends of justice demand that
its letter and spirit and Tehsildar Bandipora be directed to go on spot and
directed to implement the court order dated 24.02.2020 in its letter and spirit on
spot and restrain the Mohammad Sultan Wani not to cause any sort of interfere
with the suit land. For the same would be inconsonance with law and justice.
V/s
That the above titled civil suit is pending disposal before this honorable court and
That this honorable court vide order dated 03.05.2018 has been pleased to pass an
That the respondent /non-applicant who always believe in the muscle power and
women folk are always busy in unlawful activities despite being in know of the
court order passed by this Honble Court, such the ends of justice demand that the
letter and spirit and Tehsildar Bandipora be directed to go on spot and implement
That the respondent/applicant desire knowing about the order passed by this
Honble Court has started to construct the new residential house which is total
violation of the court orders hence the justice demand that he may be stope to
implement the court order dated 03.05.2018 in its letter and spirit on spot and
restrain the respondent/ non-applicant from raising any construction over the suit
land. For the same would be inconsonance with law and justice.
(Plaintiff/Non-Applicant)
V/s
(Defendant/Applicant)
In The Matter Of:-
1. That, the application filed by the plaintiff under Order 39 Rule 1 and 2 of
C.P.C. for grant of temporary injunction has been decided by an order dated
09.05.2019 and it has been ordered by the this Honble Court to maintain status-
qua during the pendency of the suit with regard to suit land measuring 02 Kanals 12
Marlas falling under survey No.229(01 Kanal) and under survey No.376Min(01 Kanal 12 Marlas)
situated at Wanpora Gurez.
2. That, the plaintiff has not come with clean hands before this Honbel Court and
has supressed the material fact on record that the defendant is recorded owner and
in possession of the suit land which is evident from the revenue extracts annexed
herewith this application.
3. That the plaintiff has no right over the land which belongs to the defendant as
the applicant has also approached before the Civil Court (Munsiiff Court
Bandipora) for permanent injunction wherein the Lateef Ahmad Lone has been
restrained form causing any sought of interference with the suit land which stands
severed and then the plaintiff came with this suit which is not maintainable at this
stage and the stay order if any passed by this Honble Court be vacated at the very
thrushold. Copy of suit,restrain order is annexed herewith this application for kind
perusal of this Honble Court.
4. That the suit and the interim application merits to be rejected/vacated because
the fact that the applicant has not followed the mandate of law.
5. That the suit of the plaintiff is misconceived and against the law and facts and
has also supressed the fact that the said land in question is in possession of the
applicant/defendant since from the declaration made by the Real owner of the said
estate/land. Hence stay order dated 09.05.2019 deserves vacated.
6. That the non-applicant/plaintiff has neither any prima facie case nor the balance
of Convenience tilts in his favour, as the defendant/applicant is presently the real
owner and in possession of the said land in question which is evident from the suit
sub-judice and restrain order passed by the Munsiff Court Bandipora. Hence if
injunction granted will not be vacated, it will abuse the process of law.
7. That the non-applicant/plaintiff who is neither the real owner nor in possession
of the land in question is seeking permanent injunction as well as temporary
injunction against the applicant/defendant will create an irreparable loss if such
relief is granted by this Honble Court. And further more this court lacks
jurisdiction to entertain the suit for permanent injunction. Hence the suit as well
as application deserves dismissal.
8.The interim application has been presented in a casual manner without assigning
the reasons as to what circumstances prevented the plaintiff to peruse his lis with
due deligence.
(Plaintiff/Non-Applicant)
V/s
(Defendant/Applicant)
In The Matter Of:-
APPLICATION UNDER SECTION 10 OF THE CODE OF CIVIL
PROCEDURE FOR THE STAY OF THE SUIT.
Respectfully Showeth:-
1.That the above mentioned suit is pending in this Hon’ble Court and is fixed for hearing on
30.05.2019.
2.That the defendant has already filed a civil suit, against the present plaintiff, under the title
Hafeez Ahmad Lone V/S Abdul Lateef Lone before the filing of present suit by the present
plaintiff. The suit filed by the defendant is also of the nature of Suit for permanent injunction.
The relief claimed in both the suits is also pertains to the same properties. Copy of the suit is
annexed herewith this application for your kind perusal.
3.That the defendant filed the said suit on18.04.2019 and now the suit is pending in the court
of Munsif Bandipora in which the defendant namely Abdul Lateef Lone was restrained not to
interfere with the suit property/land measuring 02 Kanals 12 Marlas falling under survey
No.229(01 Kanal) and under survey No.376Min(01 Kanal 12 Marlas) situated at Wanpora
Gurez; whereas the plaintiff filed the present suit on 08.05.2019 i.e. much after the filing of
suit by the defendant. Copy of order and revenue extracts are annexed herewith this
application.
It is pertenant to mention here that under the garb of this suit as well as
stay order/interem order if any passed by this Honble Court, the plaintiff is eyeing on to
dispossess the defendant from the suit land which will cause irreparable loss to the
defendant and same can't be copensated later on by any means whatsoever.
4.That the plaintiff is aware of the pendency of the earlier civil suit filed by the defendant
before the Munsiff Court Bandipora, hence on this score the instant suit files before this
Honble Court will not lie.
5.That as the subject matter of the suit as well as the parties to the aforementioned civil suit
are same and the relief claimed in the suit are if also of the similar nature therefore the
present civil suit filed by the plaintiff is liable to be stayed in view of S.10 of Code of Civil
Procedure. The subsequent civil suit filed by the plaintiff is clearly hit by the principle of Sub-
Judice.
6.That Section 10 CPC no doubt lays down that no court shall proceed with
the trial of any suit in which the matter in issue is also directly and
substantially in issue in a previously instituted suit between the same parties
or between parties under whom they or any of them claim litigating under
the same title where such suit is pending in the same or any other court
having jurisdiction to grant the relief claimed.
7.That if the proceedings under the present civil suit are not stayed then it will amount of
multiplicity of litigation and abuse of process of court.
It is therefore humbly prayed that the present application may kindly be
allowed in view of the facts and circumstances mentioned above and the proceedings in the
present suit may kindly be stayed in view of S. 10 of the code of civil procedure, in order to
meet the ends of justice.
Non-applicant/Defendant
Through Counsel
(Plaintiff/Applicant)
V/s
(Defendant/Non-applicant)
In The Matter Of:-
01:- that the above titled civil suit is sub-judice before this Honble court and
the same is fixed for hearing on 30-05-2019.
02:- that the suit and the interim application merits to be rejected because the
fact that the applicant has not followed the mandate of law.
04 that the suit of the plaintiff is misconceived and against the law and facts
and has also supressed the fact that the said land in question is in
possession of the non-applicant/defendant since from the declaration made
by the Real owner of the said estate/land. Hence merits dismissal.
05:- That the applicant/plaintiff has neither any prima facie case nor the
balance of Convenience tilts in his favour, as the non-applicants is
presently the real owner and in possession of the said land in question
which is evident from the suit sub-judice and restrain order passed by the
Munsiff Court Bandipora. Hence if injunction granted will not be vacated,
it will abuse the process of law.
06. That the applicant who is neither the real owner nor in possession of the
land in question is seeking permanent injunction as well as temporary
injunction against the non-applicants will create an irreparable loss if such
relief is granted by this Honble Court
The interim application has been presented in a casual manner without assigning
the reasons as to what circumstances prevented the applicant to peruse his lis with
due deligence.
(Plaintiff/Applicant)
V/s
That the above titled civil suit is pending disposal before this honorable court and
That this honorable court vide order dated 18.04.2019 has been pleased to pass an
interim order and thereby the defendant were directed not to interfere with regard
to the suit land measuring 02 Kanals & 12 Marlas falling under survey
no.229 (01 Kanal) and under Survey No. 376 Min (01 Kabal 12
That the defendant /non-applicant who always believe in the muscle power and
women folk is always busy in unlawful activities and also try to demolish the
concrete wall of the said suit land, such the ends of justice demand that the court
order dated 18.04.2019 be implemented through SDM Bandipora in its letter and
spirit and SDM Gurez Bandipora be directed to go on spot and implement the
court order.
That the non-applicnt/defendant despite knowing the fact that the restrain order
were passed by this Honble Court has violated the court order and he is helbent to
In the premises it is therefore prayed that the SDM Gurez Bandipora be directed
to implement the court order dated 18.04.2019 in its letter and spirit on spot and
restrain the defendant/ non-applicant not interfere with the suit land measuring 02
Kanals & 12 Marlas falling under survey no.229 (01 Kanal) and
under Survey No. 376 Min (01 Kabal 12 Marlas) situated at Village
(Plaintiff/Applicant)
V/s
(Defendant/Non-applicant)
In The Matter Of:-
that the suit and the interim application merits to be rejected/vacated because the
fact that the applicant has not followed the mandate of law.
04 that the suit of the plaintiff is misconceived and against the law and facts
and has also supressed the fact that the said land in question is in
possession of the non-applicant/defendant since from the declaration made
by the Real owner of the said estate/land. Hence stay order dated
09.05.2019 deserves vacated.
05:- That the applicant/plaintiff has neither any prima facie case nor the
balance of Convenience tilts in his favour, as the non-applicants is
presently the real owner and in possession of the said land in question
which is evident from the suit sub-judice and restrain order passed by the
Munsiff Court Bandipora. Hence if injunction granted will not be vacated,
it will abuse the process of law.
06. That the applicant who is neither the real owner nor in possession of the
land in question is seeking permanent injunction as well as temporary
injunction against the non-applicants will create an irreparable loss if such
relief is granted by this Honble Court. And further more this court lacks
jurisdiction to entertain the suit for permanent injunction. Hence the suit as
well as application deserves dismissal.
The interim application has been presented in a casual manner without assigning
the reasons as to what circumstances prevented the applicant to peruse his
lis with due deligence.
.
Before the Honble Court Of Munsiff at Bandipora
(Applicant)
V/s
(Non- Applicants)
That the applicant has filed the above captioned suit which is pending
for disposal and same is frxed for todays hearing I.e, 04-11-2017.
The fthe application filed by the applicant is false and misleading without coming
court order Plaintiff /applicant may prolong the case, by black mailing the
showing concocted causes and fake violation of interim orders as the Worthy
Additional District Magistrate Bandipora after following due process of law was
standing in the proprietary land of the applicant and further more the applicant
was directed to remove them within seven days from the distpactch of this order
That the trees of the applicant are bent towords the houses of the
and property, with regard to same our Honble Supreme Court also laid
down the guidlines for remove of poplar trees which are dangerous
for our life and property in toto. Copies of the photographs reveal the
under survey number falls under the Pathwari Halqa Onagam which
they have purchased from some third person but are adjusant to
applicants land where he has planted the poplar trees and also the land
That the applicant has filed the instant application for arraying the Tehsildar
Bandipora and Pathwari Halqa Concerned as party to the suit which can't be
maintainable as the said official are working at their official capacity for which
they need to surve section 80CPC notice before presenting /filing any suit or
That the this application is based on false and frevelous foundation as such the
said Tehsildar and Pathwari are not the necessary party in the suit and nor they
have any interest in the suit land but only to stop the proceedings initiated under
and in terms of Section 133Cr.PC. hence the application filed by the applicnt
counsel
(Applicant)
V/s
(Non- Applicants)
That the applicant has filed the above captioned suit which is pending
for disposal and same is frxed for todays hearing I.e, 28-10-2017.
The fthe application filed by the applicant is false and misleading without coming
court order Plaintiff /applicant may prolong the case, by black mailing the
showing concocted causes and fake violation of interim orders as the Worthy
Additional District Magistrate Bandipora after following due process of law was
standing in the proprietary land of the applicant and further more the applicant
was directed to remove them within seven days from the distpactch of this order
Magistrate . Copy of the order is anexed herewith these objections is annexed for
That the trees of the applicant are bent towords the houses of the
and property, with regard to same our Honble Supreme Court also laid
down the guidlines for remove of poplar trees which are dangerous
for our life and property in toto. Copies of the photographs reveal the
under survey number falls under the Pathwari Halqa Onagam which
they have purchased from some third person but are adjusant to
applicants land where he has planted the poplar trees and also the land
That the It is settled principle of law that when there is no piece of document
shown by the plaintiff to show the prima facie case of his legal rights and also the
alleged cause of action for his filing of instant Interem application and suit the
question of considering the Interem application does not arise. It is the applicant
bounden duty to show prima facie case to obtain any interim relief. And further
more the appcant and the NON-APPLICANT number 1to4 are not the co-sheares
nor co-owners of the land, same has been infered from the predigery table shown
by the applicant in his plaint, hence the question of partition will never ever arise.
Ors. AIR 1996 SC 2687, Supreme Court has observed as under:- “No litigant has
a right to unlimited drought on the Court time and public money in order to get
his affairs settled in the manner he wishes. However, access to justice should not
counsel
(Plaintiff/Applicant)
V/s
Hafeez Ahmad Lone
Mothers name Sajida Begum
Fathers name Abdul Gaffer Lone
R/o Wanpora Gurez
A/P Muslim Abad Bandipora
(Defendant/Non-applicant)
In The Matter Of:-
APPLICATION UNDER SECTION 10 OF THE CODE OF CIVIL
PROCEDURE FOR THE STAY OF THE SUIT.
Respectfully Showeth:-
1.That the above mentioned suit is pending in this Hon’ble Court and is fixed for hearing on
30.05.2019.
2.That the defendant has already filed a civil suit, against the present plaintiff, under the title
Hafeez Ahmad Lone V/S Abdul Lateef Lone before the filing of present suit by the present
plaintiff. The suit filed by the defendant is also of the nature of Suit for permanent injunction.
The relief claimed in both the suits is also pertains to the same properties.
3.That the defendant filed the said suit on18.04.2019 and now the suit is pending in the court
of Munsif Bandipora in which the defendant namely Abdul Lateef Lone was restrained not to
interfere with the suit property/land measuring 02 Kanals 12 Marlas falling under survey
No.229(1 Kanal) and under survey No.376Min(1 Kanal 12 Marlas) situated at Wanpora
Gurez; whereas the plaintiff filed the present suit on 08.05.2019 i.e. much after the filing of
suit by the defendant.
It is pertenant to mention here that under the garb of this suit as well as
stay order/interem order if any passed by this Honble Court, the defendant will surely
succeed to take the adverse possession of the suit land which will cause irreparable loss to
the defendant and will same can't be copensated later on by any means whatsoever.
4.That the plaintiff is aware of the pendency of the earlier civil suit filed by the defendant
before the Munsiff Court Bandipora, hence on this score the instant suit files before this
Honble Court will not lie.
5.That as the suit property and the parties to the aforementioned civil suit are same and the
relief claimed qua the same property is also of the similar nature therefore the present civil
suit filed by the plaintiff is liable to be stayed in view of S.10 of Code of Civil Procedure. The
subsequent civil suit filed by the plaintiff is clearly hit by the principle of Sub-Judice.
6.That if the proceedings under the present civil suit are not stayed then it will amount of
multiplicity of litigation and abuse of process of court.
It is therefore humbly prayed that the present application may kindly be allowed in
view of the facts and circumstances mentioned above and the proceedings in the present
suit may kindly be stayed in view of S. 10 of the code of civil procedure, in order to meet the
ends of justice.
Defendant
Through Counsel
Before the court of Sub-Judge at
Bandipora
In the case of: - Gulzar Ahmad Wani alias Gul Wani
S/o Ghulam Mohammad Wani
R/o Mangnipora Tehsil Aloosa
District Bandipora
Applicant/Plaintiff
V/s
That the above titled civil suit is pending disposal before this honorable court and
That this honorable court vide order dated 03.12.2018 has been pleased to pass an
interim order and thereby the parties were directed to maintain status-quo with
That the defendants /non-applicants who always believe in the muscle power and
women folk are always busy in unlawful activities despite being in know of the
court order passed by this Honble Court, such the ends of justice demand that the
court order dated 03.12.2018 be implemented through Tehsildar Aloosa
Bandipora in its letter and spirit and Tehsildar Aloosa Bandipora be directed to
directed to implement the court order dated 03.12.2018 in its letter and spirit on
spot and restrain the defendants/ non-applicants to maintain Status-quo with the
suit land. For the same would be inconsonance with law and justice.
Sharif-ul-lah
S/o Abdullah Gojar
R/o Onagam Bandipora
…..APPLICANT/PLAINTIFF
V/S
1. Ghulam Mohiudin Qazi S/o Abdul Hamid Qazi
2. Abdul Ahad Qazi S/o Abdul Hamid Qazi
3. Showket Ahmad Qazi S/o Ghulam Mohiudin Qazi
4. Shakeel Ahmad Qazi S/o Ghulam Mohiudin Qazi
5.sameer Ahmad Qazi S/of Ghulam Mohiudin Qazi
6. Jamsheed Ahmad Qazi S/o Abdul Ahad Qazi
All residents of Onagam Bandipora
.
(Non-Applicants/Defendants)
That the above titled civil suit is pending disposal before this honorable court and
That this honorable court vide order dated 10.04.2018 has been pleased to pass an
interim order and thereby defendants/non-applicants shall not interfere with the
suit property falling under survey No 1093min but the non-applicants try to grab
women folk are always busy in unlawful activities despite being in know of the
court order passed by this Honble Court, such the ends of justice demand that the
Bandipora in its letter and spirit and SHO police Station be directed to go on spot
In the premises it is therefore prayed that the SHO Police Station Bandipora be
directed to implement the court order dated 10.04.2018 in its letter and spirit on
spot and restrain the defendants/ non-applicants not to cause any sort of interfere
with the suit land. For the same would be inconsonance with law and justice.
V/s
That the above titled civil suit is pending disposal before this honorable court and
That this honorable court vide order dated 10.02.2015 has been pleased to pass an
interim order and thereby parties are directed to maintain status-quo but the non-
applicants try to grab the suit property. The operative portion of the same is as
under: from the perusal of the record and after hearing counsel for the parties I
feel that the plaintiffs have established their claim prima-facie and it is
hearing.
That the defendants /non-applicants who always believe in the muscle power and
women folk are always busy in unlawful activities despite being in know of the
court order passed by this Honble Court, such the ends of justice demand that the
court order dated 10.02.2015 be implemented through Tehsildar Hajin in its letter
and spirit and Tehsildar Hajin be directed to go on spot and implement the court
order.
implement the court order dated 10.02.2015 in its letter and spirit on spot and
over the suit land. For the same would be inconsonance with law and justice.
(Applicants/Plaintiffs)
V/s
Gh. Hassan Dar & others.
(Non-Applicants/Defendants)
through police.
1. That the above titled civil suit is pending disposal before this
2. That this honorable court vide order dated 17-04-2003 has been
perusal of the record and after hearing counsel for the parties I feel that
construction till disposal of the main suit, because the plaintiffs have
suit as such the parties are directed to maintain status quo on spot till
know of the court order have started construction over the suit land as
Contd. On page No .2
Page No .2
such the ends of justice demand that the court order dated 17/04/2003 be
implemented through police in its letter and spirit and SHO P/S Pattan be
implement the court order dated 17-04-2003 in its letter and spirit on spot and
over the suit land. For the same would be inconsonance with law and justice.