Implimentation 151

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 48

Before the court of Sub-Judge at

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)

In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 03-04-2021

through Concerned SHO Police Station Bandipora.

May it please your honor:-


The application is submitted as under:-

That the above titled civil suit is pending disposal before this honorable court and

is fixed for hearing on 28.09.2024.

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

the suit property of the plaintiff/applicant.

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

court order dated 03.04.2021 be implemented through SHO police station


Bandipora in its letter and spirit and SHO police Station be directed to go on spot

and implement the court order.

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

walnut tree of the applicant, copy of compromise is annexed herewith this

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.

Hence 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.

Applicant through counsel

Before the Hon’ble Court of Civil Judge(Senior Division) at


Bandipora.
In the case of:-
Mohd Maqbol Dar
S/o Abdul Salam Dar
Resident of Ashtangoo
Tehsil Aloosa Distt. Bandipora
(Plaintiff/applicant)
V/s

1. Ghulam Hassan Dar


S/o Ghulam Rasool Dar
2. Habibulla Dar
S/o Abdul Salam Dar
3. Nazir Ahmad Dar
S/o Habilullah Dar
Def. no.1 to 3 residents of
Ashtangoo Teh. Aloosa Dist. Bandipora
4. Ghulam Mohiuddin Dar
S/o Ghulam Ahmad Dar
5. Nazir Ahmad Dar
S/l Ghulam Ahmad Dar
Def. No.4&5 residents of Shahgund
Tehsil Hajin Distt. Bandipora
6. Abdul Ahad Khan
S/o Aasadullah Khan
R/o Lankreshipora Bandipora
(Contesting Defendants/non-applicants)
7. Mehbooba Begum
W/o Mohd Maqbol Dar
D/o Abdul Rahim Dar
Resident of Chenkpora Sopore.
(Profarma Defendant/non-applicant)

In the matter of:- Application under section 151 CPC seeking


implementation of court order dated 30.05.2024 through SHO Police Post Aloosa
against both the non-applicant/plaintiff.

That the above titled civil suit is pending disposal before this honorable court and

is fixed for hearing on 09.07.2024.

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

the suit property.

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

and implement the court order.

Hence this application.

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.

Applicant through counsel

Before the Hon’ble Court of Civil Judge(Senior Division) at


Bandipora.

In the case of:-


Ghulam Mohammad Dar
S/o Lt. Mohammad Rajab Dar
R/o Aloosa Bandipora
(Plaintiff/Non-Applicant)
V/s
1. Abdul Rehman Dar
2. Nazir Ahmad Dar
3. Mohammad Ramzan Dar
Sons of Lt. Samad Dar
4. Fayaz Ahmad Dar
S/o Gh Rasool Dar
R/o Paribal Aloosa Bandipora
(Defdndants/Applicants)

In the matter of:- Application under section 151 CPC seeking


implementation of court order dated 14.10.2023 through SHO Police Post Aloosa
against both the non-applicant/plaintiff.

That the above titled civil suit is pending disposal before this honorable court and

is fixed for hearing on 27.11.2018.

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

the suit property.

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

and implement the court order.

Hence this application.

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.

Applicant through counsel


BEFORE THE HON’BLE COURT OF INCHARGE ADDITIONAL SPECIA
MOBILE MAGISTRATE (ASMM) AT BANDIPORA.

In The Case of :-
1. Haleema Begum R/o Garoora Bandipora

2. Rafeeqa Begum R/o Safapora


3. Posha Begum R/o Quil Muqam Bandipora
Ds/o. Lt. Ghulam Ahmad Rather
……(Non-Applicants/Pl
aintiffs)

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)

In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 14.10.2023

through SHO Police Post Aragam against both the

non-applicants/plaintiffs and their family members

below mention.

May it please your honor:-

The application is submitted as under:-

1. That the above titled civil suit is pending disposal before this honorable court

and is fixed for hearing on ______________.

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

suit land/property falling under Survey No's.257(02K 02M), 400(01K 09M),

404Min(01K 03M), 602(02K 05M), 609(17M), 782(01K 02M) and 2118(07K

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

booked for the violation of court orders and directions.

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

this Honble Court.

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

out the agricultural activities.

In the premises it is therefore prayed that the SHO Police Post

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

law and justice.

Applicants/Defendants through counsel

Before The Hon’ble Court Of Assistant


Commissioner of Revenue Bandipora

In The Case of:-


1. Mst. Misra Begum
2. Mst. Fameeda Begum
Ds/o. Lt. Gh. Qadir Sheergojri
R/o Malangam
Tehsil & Distt. Bandipora
……
(Applicants/Plaintiffs)

Versus

1. Ghulam Hassan Sheergojri


2. Mohammad Ramzan Sheergojri
3. Mohd Ayaz Sheergojri
Sons of Lt. Gh. Qadir Sheergojri
R/o Malangam
Tehsil & Distt. Bandipora
…(Non-applicants/Defendants)

In the matter of:- Execution of court order dated 10.12.2020

through Concerned Tehsildar against both the non-

applicants/defendants.

May it please your honor:-

The application is submitted as under:-

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

not been implimented or dxecuted by the revenue officials.


2. That this honorable court vide order dated 10.12.2020 has been pleased to pass

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

this application for your kind perusal.

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

standi upon the share of land and property of the applicants.

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

Bandipora be directed to go on spot and execute the court order.

Hence this application.

In the premises it is therefore prayed that the Tehsildar Bandipora be

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

with law and justice.

Applicants through counsel


Before The Hon’ble Court Of Addl. Deputy
Commissioner Bandipora

In The Case of:-


1. Mst. Hajira Begum
D/o. Mohammad Yousuf Khan
W/o Ghulam Mohammad Khan
R/o. Panjigam,
Tehsil & Distt.
Bandipora
2. Mst. Javeeda Firdous
D/o Mohammad Yousuf Khan
W/o Nazir Ahmad Ganie
R/o Kharpora Bandipora
Tehsil & Distt. Bandipora
……
(appellants)

Versus

1. Ghulam Mohammed Tanveer


S/o Lt. Mohammad Yousuf Khan
R/o Muslim Aabad Bandipora
2. Bashir Ahmad Khan
3. Mushtaq Ahmad Khan
All sons of Lt. Mohammad
Yousuf Khan
All residents of Watapora, Bandipora
…Contesting
Respondents)

1. Zia Begum
D/o. Mohammad Yousuf Khan
W/o. Mohammad Sideeq Baba
R/o. Megraypora, Watlab Sopore
……(Proforma
Respondent)

In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 09.05.2024

through Concerned Tehsildar against both the non-

applicants.

May it please your honor:-

The application is submitted as under:-

1. That the above titled appeal is pending disposal before this honorable court and

is fixed for hearing on _________.

2. That this honorable court vide order dated 09.05.2024 has been pleased to pass

an interim order and thereby defendants/non-applicants were directed to maintain

status qua with regard to suit land falling under mutation No.613, Dated

20.09.1996 attested by Tehsildar Bandipora, and


the non-applicants try to grab the said land of the applicant and try to dismentall

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

for your kind perusal.

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

and also is violating the order passed by this Honble Court.

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

standi upon the property till disposal of the main appeal.

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

go on spot and implement the court order.

Hence this application.

In the premises it is therefore prayed that the Tehsildar Bandipora be

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.

Applicant through counsel

BEFORE THE HON’BLE COURT OF ADDITIONAL DEPUTY


COMMISSIONER AT BANDIPORA.

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

In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 06.07.2019

through Concerned Tehsildar against both the non-

applicants.

May it please your honor:-

The application is submitted as under:-

1. That the above titled civil suit is pending disposal before this honorable court

and is fixed for hearing on 28.06.2022.

2. That this honorable court vide order dated 07.07.2019 has been pleased to pass

an interim order and thereby defendants/non-applicants were directed to maintain

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

for your kind perusal.

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

court order dated 06.07.2019 be implemented through Tehsildar Bandipora in its

letter and spirit and Tehsildar Bandipora be directed to go on spot and implement

the court order.

Hence this application.

In the premises it is therefore prayed that the Tehsildar Bandipora be

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.

Applicant through counsel


BEFORE THE HON’BLE COURT OF ASSISTANT
COMMISSIONER REVENUE AT
BANDIPORA.

In The Case of :-

Abdul Rashid Akhoon


S/o Ab Khaliq Akhoon
R/o Kaloosa Bandipora
..PLAINTIFF/APPLICANT

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

In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 22.07.2020

through Concerned Tehsildar against both the non-

applicants.

May it please your honor:-

The application is submitted as under:-

1. That the above titled civil suit is pending disposal before this honorable court

and is fixed for hearing on 14.09.2020.

2. That this honorable court vide order dated 22.07.2020 has been pleased to pass

an interim order and thereby defendants/non-applicants were directed to maintain

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

of the plaintiff/applicant. Copy of order passed by this Honble Court is annexed

herewith this application for your kind perusal.


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 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

court order dated 22.07.2020 be implemented through Tehsildar Bandipora in its

letter and spirit and Tehsildar Bandipora be directed to go on spot and implement

the court order.

Hence this application.

In the premises it is therefore prayed that the Tehsildar Bandipora be

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.

Applicant through counsel


Before the Honble Court of Munsiff at
Bandipora
In the case of: -

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)

In the matter of:- Application under section 151 CPC seeking

implementation of court order

dated____________through Concerned Tehsildar.

May it please your honor:-


The application is submitted as under:-

That the above titled civil suit is pending disposal before this honorable court and

is fixed for hearing on 20.07.2020.


That this honorable court vide order dated ______________ has been pleased to

pass an interim order and thereby defendants/non-applicants shall not interfere

with the suit property falling under survey No 1373 but the non-applicants are

interfering with the construction of wall over the suit property.

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

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 ___________ be implemented through Tehsildar Bandipora in

its letter and spirit and Tehsildar Bandipora be directed to go on spot and

implement the court order.

Hence this application.

In the premises it is therefore prayed that the Tehsildar Bandipora be directed to

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

situated at Chithaibanday Bandipora For the same would be inconsonance with

law and justice.

Applicant through counsel


Before the Hon’ble Court of Assistant Commissioner
Revenue at Bandipora

In the case of :-

Ghulam Mohiuddin Najar


S/o Ghulam Rasool Najar
R/o Mangnipora Bandipora
Applicant

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

In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 22.03.2019

through Concerned Tehsildar against both the non-

applicants.

May it please your honor:-

The application is submitted as under:-

1. That the above titled civil suit is pending disposal before this honorable court

and is fixed for hearing on ______________..

2. That this honorable court vide order dated 22.03.2019 has been pleased to pass

an interim order and thereby defendant/non-applicant were directed to maintain

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

herewith this application for your kind perusal.

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

days, which is total violation of law.

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

order dated 22.03.20219 be implemented through Tehsildar Aloosa Bandipora in

its letter and spirit and Tehsildar Aloosa Bandipora be directed to go on spot and

implement the court order.

Hence this application.

In the premises it is therefore prayed that the Tehsildar Aloosa

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.

Applicant through counsel


Before the Hon’ble Court of Assistant Commissioner
Revenue at Bandipora

In the case of :-

Ghulam Mohiuddin Najar


S/o Ghulam Rasool Najar
R/o Mangnipora Bandipora
Applicant

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

In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 22.03.2019

through Concerned Tehsildar against both the non-

applicants.

May it please your honor:-

The application is submitted as under:-

1. That the above titled civil suit is pending disposal before this honorable court

and is fixed for hearing on ______________..

2. That this honorable court vide order dated 22.03.2019 has been pleased to pass

an interim order and thereby defendant/non-applicant were directed to maintain

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

herewith this application for your kind perusal.

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

days, which is total violation of law.

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

order dated 22.03.20219 be implemented through Tehsildar Aloosa Bandipora in

its letter and spirit and Tehsildar Aloosa Bandipora be directed to go on spot and

implement the court order.

Hence this application.

In the premises it is therefore prayed that the Tehsildar Aloosa

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.

Applicant through counsel


Before the Hon’ble Court of Additional Deputy
Commissioner at Bandipora

In the case of :- Nisar Ahmad Wani

V/s

Ghulam Nabi Wani and others

In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 24.02.2020

through Concerned Tehsildar against Mohammad

Sultan Wani S/o Abdul Samad Wani R/o Check-

reshipora Bandipora.

May it please your honor:-

The application is submitted as under:-

1. That the above titled civil suit is pending disposal before this honorable court

and is fixed for hearing on 01.04.2020.


2. That this honorable court vide order dated 24.02.2020 has been pleased to pass

an interim order and thereby defendant/non-applicant were directed to maintain

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

your kind perusal.

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

such he has no locus standi upon the suit property.

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

the court order dated 24.02.2020 be implemented through Tehsildar Bandipora in

its letter and spirit and Tehsildar Bandipora be directed to go on spot and

implement the court order.

Hence this application.

In the premises it is therefore prayed that the Tehsildar Bandipora be

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.

Applicant through counsel


Before the Honble Court of Additional
Deputy Commission at Bandipora

In the case of: - Abdul Ahad Baba


S/o Ghulam Mohammad Baba
R/o Bankoot Tehsil &
District Bandipora
Applicant/appellant

V/s

Abdul Rehman Baba


S/o Ghulam Ahmad Baba
R/o Bankoot Bandipora
Non-applicant/respondent
In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 03-05-2018

through Concerned Tehsildar.

May it please your honor:-


The application is submitted as under:-

That the above titled civil suit is pending disposal before this honorable court and

is fixed for hearing on 22.08.2019.

That this honorable court vide order dated 03.05.2018 has been pleased to pass an

interim order and thereby the defendant/non applicant is restrained from

alienating the landed property as well as other immovable property.

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

court order dated 03.05.2018 be implemented through Tehsildar Bandipora in its

letter and spirit and Tehsildar Bandipora be directed to go on spot and implement

the court order.

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

construct house till the disposal of the appeal.

Hence this application.

In the premises it is therefore prayed that the Tehsildar Bandipora be directed 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.

Applicant through counsel


BEFORE THE HON’BLE COURT OF ADDITIONAL DEPUTY
COMMISSIONER BANDIPORA

In the case of: -


Abdul Lateef Lone
S/o Abdul Rehman Lone
R/o Wanpora Gurez
A/p Watrina Bandipora

(Plaintiff/Non-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/Applicant)
In The Matter Of:-

APPLICATION UNDER SECTION 151 READ WITH ORDER 39


RULE 4 OF C.P.C.

May it please your honour


The Defendant named above submit as under:-

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.

9. That the interim application is found to be mischievous, or frivolous, it should


be rejected with heavy costs.
It is therefore, prayed that the order dated 09.05.2019 may be discharged/vacated,
in order to meet the ends of justice.

Applicant through counsel

BEFORE THE HON’BLE COURT OF ADDITIONAL DEPUTY


COMMISSIONER BANDIPORA

In the case of: -


Abdul Lateef Lone
S/o Abdul Rehman Lone
R/o Wanpora Gurez
A/p Watrina Bandipora

(Plaintiff/Non-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/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

BEFORE THE HON’BLE COURT OF ADDITIONAL DEPUTY


COMMISSIONER BANDIPORA

In the case of: -


Abdul Lateef Lone
S/o Abdul Rehman Lone
R/o Wanpora Gurez
A/p Watrina Bandipora

(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:-

Most Respectfully Showeth

The objections in the above titled case are submitted as under.

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.

12. Thatif the application is found to be mischievous, or frivolous, it should be


rejected with heavy costs.

BEFORE THE HON’BLE COURT OF MUNSIFF BANDIPORA


In the case of: -
Hafeez Ahmad Lone
Mothers name Sajida Begum
Fathers name Abdul Gaffer Lone
R/o Wanpora Gurez
A/P Muslim Abad Bandipora

(Plaintiff/Applicant)
V/s

Abdul Lateef Lone


S/o Abdul Rehman Lone
R/o Wanpora Gurez
A/p Watrina Bandipora
(Defendant/Non-applicant)

In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 18.04.2019

through SDM Gurez.

May it please your honor:-


The application is submitted as under:-

That the above titled civil suit is pending disposal before this honorable court and

is fixed for hearing on 15.05.2019.

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

Marlas) situated at Village Wanpora Tehsil Gurez Distt. Bandipora .

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

mend his behaviour.


Hence this application.

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

Wanpora Tehsil Gurez Distt. Bandipora. For the same would be

inconsonance with law and justice.

Applicant through counsel

BEFORE THE HON’BLE COURT OF ADDITIONAL DEPUTY


COMMISSIONER BANDIPORA

In the case of: -


Abdul Lateef Lone
S/o Abdul Rehman Lone
R/o Wanpora Gurez
A/p Watrina Bandipora

(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 151 READ WITH ORDER 39


RULE 4 OF C.P.C.

May it please your honour


The Defendant named above submit as under:-
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.
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.

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.

12. Thatif the application is found to be mischievous, or frivolous, it should be


rejected with heavy costs.

It is therefore, prayed that the order dated 09.05.2019 may be discharged/vacated,


in order to meet the ends of justice.

Applicant through counsel

.
Before the Hon’ble Court Of Munsiff at Bandipora

In the case of :- Mohd Syeed Zargar

(Applicant)

V/s

Abdul Hamid Zargar and others

(Non- Applicants)

In the matter Of :- OBJECTIONS TO APPLICATION FILED BY THE


PLAINTIFF UNDER AND IN TERMS OF ORDER 1 RULE 10 CPC ON
BEHALF OF DEFENDANT/NON-APPLICANT NUMBER 1TO

May it please your honour.


The objections are most humbly submits as under:-

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 Interm application is not maintainable either on facts or on law.

The fthe application filed by the applicant is false and misleading without coming

with clean hands plaintiff/applicant want’s to convey false set of allegations

before the Hon’ble court against the answering non-applicants.

That There is no prima facie case or balance of convenience in favour of

Plaintiff or applicant. If the interm application is allowed, taking advantage of

court order Plaintiff /applicant may prolong the case, by black mailing the

Defendant/non-applicant number 1to4 and may claim wrongfull damages by

showing concocted causes and fake violation of interim orders as the Worthy

Additional District Magistrate Bandipora after following due process of law was

pleased to pass an order bearing No.DM/AP/2017/249-50 Dt:23-10-2017 under

and in terms of Section 133Cr.PC for removal of poplar trees (nuisance)

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

wherein he failed to comply the orders of the Worthy Additional District


Magistrate . Copy of the order is anexed herewith these objections is annexed for

kind perusal of this Hobble Court.

That the trees of the applicant are bent towords the houses of the

NON-APPLICANT number 1to4 and there is emenant danger of life

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

same which are annexed herewith.

That the land beneath to house of the non-applicant number 3&4

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

in question falls under the Pathwari Halqa Panzigam, hence the

question of partition will not arise and the imterem application

deserves dismissed. Copy of revenue extracts are annexed herewith

these objects for kind perusal of this Honble Court

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

application against them.

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

deserves dismissal at the very threshold.

In these premises it is therefore humbly prayed that


this Hon’ble court may be pleased to dismiss application of applicant in the
interest of justice.
Applicant number 1 to 4 through

counsel

Before the Hon’ble Court Of Munsiff at Bandipora

In the case of :- Mohd Syeed Zargar

(Applicant)

V/s

Abdul Hamid Zargar and others

(Non- Applicants)

In the matter Of :- OBJECTIONS TO INTERIM APPLICATION ON


BEHALF OF DEFENDANT/NON-APPLICANT NUMBER 1TO 4

May it please your honour.


The objections are most humbly submits as under:-

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 Interm application is not maintainable either on facts or on law.

The fthe application filed by the applicant is false and misleading without coming

with clean hands plaintiff/applicant want’s to convey false set of allegations

before the Hon’ble court against the answering non-applicants.


That There is no prima facie case or balance of convenience in favour of

Plaintiff or applicant. If the interm application is allowed, taking advantage of

court order Plaintiff /applicant may prolong the case, by black mailing the

Defendant/non-applicant number 1to4 and may claim wrongfull damages by

showing concocted causes and fake violation of interim orders as the Worthy

Additional District Magistrate Bandipora after following due process of law was

pleased to pass an order bearing No.DM/AP/2017/249-50 Dt:23-10-2017 under

and in terms of Section 133Cr.PC for removal of poplar trees (nuisance)

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

wherein he failed to comply the orders of the Worthy Additional District

Magistrate . Copy of the order is anexed herewith these objections is annexed for

kind perusal of this Hobble Court.

That the trees of the applicant are bent towords the houses of the

NON-APPLICANT number 1to4 and there is emenant danger of life

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

same which are annexed herewith.

That the land beneath to house of the non-applicant number 3&4

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

in question falls under the Pathwari Halqa Panzigam, hence the

question of partition will not arise and the imterem application

deserves dismissed. Copy of revenue extracts are annexed herewith

these objects for kind perusal of this Honble Court

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.

In support of the objections to Interem application this defendant/non-appicant

number 1to4 rely on the decision of Supreme court to show balance of

convenience on defendant side. In Dr. Buddhi Kota Subbarao v. K. Parasaran &

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

be misused as a licence to file misconceived and frivolous petitions.the Hon’ble

court may be pleased to dismiss application of applicant in the interest of justice.

In these premises it is therefore humbly prayed that


this Hon’ble court may be pleased to dismiss application of applicant in the
interest of justice.

Applicant number 1 to 4 through

counsel

BEFORE THE HON’BLE COURT OF ADDITIONAL DEPUTY


COMMISSIONER BANDIPORA

In the case of: -


Abdul Lateef Lone
S/o Abdul Rehman Lone
R/o Wanpora Gurez
A/p Watrina Bandipora

(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

1. Mohammad Yousuf Dar


S/o Abdul Samad Dar
2. Aashiq Hussain Dar
S/o Mohammad Yousuf Dar
3. Manzoor Ahmad Lone
S/o Mohammad Sultan Lone
4. Mohammad Sultan Lone
S/o Abdul Khaliq Lone
All residents of Mangnipora Tehsil Aloosa
District Bandipora
Non-applicant/Defendants
In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 03-12-2018

through Concerned Tehsildar.

May it please your honor:-


The application is submitted as under:-

That the above titled civil suit is pending disposal before this honorable court and

is fixed for hearing on 06.03.2018.

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

regard to the suit property.

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

go on spot and implement the court order.

Hence this application.

In the premises it is therefore prayed that the Tehsildar Aloosa Bandipora be

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.

Applicant through counsel


Before the court of Sub-Judge at
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)

In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 10-04-2018

through Concerned Police.

May it please your honor:-


The application is submitted as under:-

That the above titled civil suit is pending disposal before this honorable court and

is fixed for hearing on 15.10.2018.

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

the suit property.


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

and implement the court order.

Hence this application.

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.

Applicant through counsel

Before the court of Sub-Judge at


Bandipora
In Case of :- 1. Gh. Mohammad Wagay
2. Ali Mohammad Wagay
3. Mohammad Shaban Wagay
All sons of Lt.Mohd Akbar Wagay
All residents of Gund-prang
Tehsil Hajin District Bandipora.
(Applicants/Plaintiffs)

V/s

1.Khursheed Ahmad Dar


S/o Lt.Abdul Gani Dar
2. Saja Begum
W/o Abdul Gani Dar
3. Amina Begum
W/o Mohammad Shafi Malla
D/o Abdul Gani Dar
4. Haleema Begum
W/o Nazir Ahmad Khan
D/o Abdul Gani Dar
5. Raja Begum
W/o Lt. Assad Dar
6. Manzoor Ahmad Dar
S/o Lt. Assad Dar
7. Safia Begum
W/o Ajaz Ahmad Mir
R/o Hajin Bandipora
8. Tajamul Islam Dar
S/o Lt. Assad Dar
9. Sameena
D/o Lt. Assad Dar
All residents of Gund-prang
Tehsil Hajin District Bandipora
(Non-Applicants/Defendants)

In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 10-02-2015

through Tehsildar Hajin.

May it please your honor:-


The application is submitted as under:-

That the above titled civil suit is pending disposal before this honorable court and

is fixed for hearing on 26.09.2018.

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

appropriate and proper to maintain status-quo with regard to khasra number


322Min measuring 23 kanals 19 marlas situated at Gund-prang till next date of

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.

Hence this application.

In the premises it is therefore prayed that the Tehsildar Hajin be directed to

implement the court order dated 10.02.2015 in its letter and spirit on spot and

restrain the defendants/ non-applicants from raising any other/further construction

over the suit land. For the same would be inconsonance with law and justice.

Applicants through counsel

Before the court of Sub-Judge at Pattan

In Case of :- Gh. Mohi-ud-din Dar & others

(Applicants/Plaintiffs)

V/s
Gh. Hassan Dar & others.

(Non-Applicants/Defendants)

In the matter of:- Application under section 151 CPC seeking

implementation of court order dated 17/4/2003

through police.

May it please your honor:-


The application is submitted as under:-

1. That the above titled civil suit is pending disposal before this

honorable court and is fixed for hearing on 05-05-2011.

2. That this honorable court vide order dated 17-04-2003 has been

pleased to pass an interim order and thereby retrained the non-

applicants from raising any other/further construction over 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

appropriate and proper to restrain them from raising any other/further

construction till disposal of the main suit, because the plaintiffs have

raised some issues which are to be investigated thoroughly in the main

suit as such the parties are directed to maintain status quo on spot” till

the disposal of the main suit..

3. That the defendants /non-applicants who always believe in the muscle

power and are always busy in unlawful activities despite being in

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

directed to go on spot and implement the court order.

4. Hence this application.


In the premises it is therefore prayed that the SHO P/s Pattan be directed to

implement the court order dated 17-04-2003 in its letter and spirit on spot and

restrain the defendants/ non-applicants from raising any other/further construction

over the suit land. For the same would be inconsonance with law and justice.

Applicant through counsel

You might also like