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Jammu & Kashmir High Court - Srinagar Bench
Wali Moahmmad Sheergujri And Ors vs Abdul Rasheed Sheergujri And Anr on 7 February, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
11
Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) 447/2025 CM(6754/2025).
WALI MOAHMMAD SHEERGUJRI AND ORS.
...Petitioner(s)
Through: Mr. I. Sofi, Advocate.
VERSUS
ABDUL RASHEED SHEERGUJRI AND ANR.
...Respondent(s)
Through: Mr. Altaf Mehraj, Advocate.
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
07.02.2026
01. The two respondents have commenced a civil suit against the
five petitioners herein before the Court of Munsiff (Additional
Special Mobile Magistrate), Bandipora, thereby seeking a decree
of permanent prohibitory injunction restraining the petitioners
from interfering with the land falling under khasra No. 2475,
measuring 4 marlas situated at village Quilmuqaam, Bandipora.
02. Accompanying the civil suit, the respondent have filed an
application under Order 39 of the Code of Civil Procedure, 1908
seeking a temporary injunction for restraining the petitioners
from evicting or dispossessing the respondents from the suit
land falling under khasra No. 2475 min, measuring 4 marlas
situated at Quilmuqaam, Bandipora either through herself or
through any other agency.
03. However, in the array of defendants, there is no woman named
so as to be addressed as "herself" in the said temporary
injunction application.
04. In the application seeking temporary injunction, there is no
averment seeking dispensation of issuance of prior notice to the
defendants/non-applicants which is a mandatory requirement
under Order 39 rule 3 of the Code of Civil Procedure, 1908, for
vesting jurisdiction in a trial court to pass an ex parte ad-interim
injunction order.
05. Unmindful of the aforesaid deficiencies in the application in
terms of essential averments, the trial court of Munsiff
(Additional Special Mobile Magistrate), Bandipora by virtue of an
order 19.09.2025 came to grant a temporary injunctory
direction thereby restraining the petitioners from causing any
sort of interference with the suit land under khasra No. 2475
situated at Quilmuqaam Bandipora, though subjecting the said
order to objections from the other side.
06. Armed with said order dated 19.09.2025, the two respondents,
as plaintiffs, came forward with an application seeking
implementation of said order dated 19.09.2025 through the
SHO, Police Station Bandipora.
07. The date fixed for appearance of the petitioners as defendants
in the suit was 9th October, 2025, whereas the application
seeking implementation of the order 19.09.2025 came to be filed
prior to next date of hearing fixed for appearance of the
defendants in the suit.
08. The Trial Court of learned Munsiff (Additional Special Mobile
Magistrate), Bandipora, obliged the respondents by issuing an
order dated 04.10.2025 directing the SHO of the concerned
Police Station to proceed onspot, inform the petitioners about the
order of the Court dated 19.09.2025 and, if the need so arise, to
implement the same in case any violation is found in its letter
and spirit, and thereafter to submit a compliance report.
09. Read between the lines, the Court of Munsiff (Additional Special
Mobile Magistrate), Bandipora in effect appointed SHO of the
concerned Police Station as a Chowkidar of the suit property for
the benefit of the respondents and this is where an excess of
jurisdiction came to be committed by the learned Court of
Munsiff (Additional Special Mobile Magistrate), Bandipora which,
in fact, had begun with the issuance of an ex-parte temporary
injunction against the petitioners without any prayer made from
the end of the respondents seeking dispensation of prior notice.
10. The petitioners, thus, found themselves caught in a catch-22
situation of literally being non-suited in the suit in terms of their
defence even before causing their appearance before the trial
court and, therefore, have rushed to this Court by way of the
present petition under Article 227 of the Constitution of India
seeking examination of the legality and validity of the orders and
the vitiated exercise of jurisdiction on the part of the Court of
Munsiff (Additional Special Mobile Magistrate), Bandipora.
11. For the reasons stated above, this Court is convinced that the
trial court has seriously faulted in due and proper exercise of
jurisdiction at its end rendering both the orders dated
19.09.2025 and 04.10.2025 illegal. Accordingly, both said
orders are set aside.
12. It has been apprised to this Court that the petitioners have
already filed their written statement/s as well as their reply/ies
to the temporary injunction application.
13. Therefore, the Court of Munsiff (Additional Special Mobile
Magistrate), Bandipora is directed to take up the adjudication of
temporary injunction application filed by the respondents and
dispose of the same within a period of 30 days from the date of
passing of this order.
14. A copy of this order to be forwarded by the Registrar Judicial,
Srinagar to the Court of Munsiff (Additional Special Mobile
Magistrate), Bandipora for notice and compliance.
(RAHUL BHARTI)
JUDGE
SRINAGAR
07.02.2026
Bisma Jan.
