Manjeet Kumari & Others vs Krishan Lal And Another
2021 Latest Caselaw 143 j&K

       HIGH COURT OF JAMMU AND KASHMIR                              Sr. No. 201
                  AT JAMMU

CJ Court

Case : Arbitration Petition (AP 104) No. 3 of 2016

Manjeet Kumari & Others                             ...Applicant(s)/Petitioner(s)


                                  Through: M/s Navyug Sethi & Mohsin Bhat,
                                           Advocates.
                          v/s
Krishan Lal and Another                                        .... Respondent(s)
                                  Through: None

             CORAM: HON'BLE THE CHIEF JUSTICE

                                         ORDER

01. Heard Sh. Navyug Sethi learned counsel for the petitioners.

02. The 3rd Civil Sub Judge, Jammu, (Trial Court) passed an order on an

application for temporary injunction on 06.08.2014. This order was challenged in

appeal before the Ist Additional District Judge, Jammu who vide order dated

03.09.2014 decided the same. Aggrieved by said appellate order, petitioners had

preferred a petition under Article 227 of the Constitution of India read with Section

104 of Constitution of Jammu and Kashmir. The said petition was decided by the

learned Single Judge on 29.06.2016. The petition was partly allowed and the

judgment of the appellate court was partially set aside. The petitioners have now

filed the miscellaneous application in the aforesaid decided petition for the

implementation of the modified order of the appellate court in terms of the

judgment of this court.

03. Once the petition under Article 227 read with Section 104 was decided, this

court became functus officio and no longer remained seized of the matter so as to 2 Arbitration Petition (AP 104) No. 3 of 2016

prima facie permit the petitioners to move any application in the same petition.

Moreover implementation of the judgment and order of this court which in effect is

to restore possession, if all has to be taken care of by the trial court itself.

04. In view of the facts and circumstances, the petitioners have remedy of

seeking restitution of possession under Section 144 of Code of Civil Procedure

(CPC) before the Trial Court.

05. Accordingly, this petition is disposed of with liberty to the petitioners to

apply before the trial court where the original suit is still pending for

implementation of the injunction order or for the restitution of the possession as the

case may be and advised.

06. Record of the trial court is directed to be the returned forthwith.

(PANKAJ MITHAL) CHIEF JUSTICE Jammu 17.02.2021 Sunita

SUNITA KOUL 2021.02.17 17:32 I attest to the accuracy and integrity of this document