Mohan Lal Sehgal And Ors vs Mohammad Sadeeq
2025 Latest Caselaw 1099 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mohan Lal Sehgal And Ors vs Mohammad Sadeeq on 21 May, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

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      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT SRINAGAR

                                                           RSA No. 7/2025
                                                          CM No. 3096/2025

Mohan Lal Sehgal and Ors.
                                                          ..... Appellant (s)

                        Through:      Mr. Nisar Hussain Shah, Sr. Adv.
                                      with Ms. Saima Ghulam, Adv.

                      V/s

Mohammad Sadeeq
                                                ..... Respondent(s)
                        Through:      Mr. A M Khan, Adv.
Coram:
             Hon'ble Mr. Justice Sanjay Dhar, Judge

                                 ORDER

21.05.2025

The appellants, through the medium of present appeal, have challenged

judgment and decree dated 24.02.2025 passed by the learned Additional

District Judge, Baramulla whereby suit for permanent prohibitory injunction

filed by the appellants against the respondent/defendant has been dismissed

and the judgment and decree passed by the learned trial court on 29.12.2018,

has been set aside.

Heard learned counsel for the appellants and perused the record of the

case. From a perusal of the same, the following questions of law emerge for

determination of this Court;

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i) Whether finding of the learned trial court that the plaintiffs are

not in possession of the suit land is perverse and as such, liable

to be set side?

ii) Whether in a suit for permanent prohibitory injunction filed by

a joint owner of the suit property against a 3rd party, without

impleading the other co-sharers as party to the suit is

maintainable?

The appeal is admitted to hearing.

Issue post admission notice to the respondent.

Mr. A M Khan, Advocate accepts notice on behalf of the respondent.

In the meantime, status quo with regard to the possession of the suit land

shall be maintained by the parties.

List on 14.07.2025.

(Sanjay Dhar) Judge

SRINAGAR 21.05.2025 Aasif