Abdul Jabar Dar And Another vs Zeba And Another
2026 Latest Caselaw 1663 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Abdul Jabar Dar And Another vs Zeba And Another on 25 March, 2026

Author: Rahul Bharti

Bench: Rahul Bharti

                                                       188
                                                       Supp

    IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR

                  CM(M) No. 83/2026 CM No. 1286/2026


ABDUL JABAR DAR AND ANOTHER                         ..... Petitioner(s)

                    Through:    Mr. Aftab Ahmad, Advocate.

                 V/s
ZEBA AND ANOTHER                           ..... Respondent(s)
                    Through:
Coram:
          Hon'ble Mr. Justice Rahul Bharti, Judge

                            ORDER

25.03.2026

1. The two respondents have initiated a civil suit against two

petitioners herein before the court of Munsiff, Sumbal

wherein the two respondents are asking for a decree of

permanent prohibitory injunction for restraining the

petitioners herein from interfering, directly or indirectly,

in any manner or mode into the possession, use and

enjoyment of the suit property which is measuring 09

Kanals, 8 Marlas and 180 Feet along with Shamilat Deh

and Nambal land comprising of 08 Kanals and 06 marlas

under Khasra Nos. 990/937, 938, 1138/975/947, 878,

880, 880/1 and 963/937.

Page |2 CM(M) No. 83/2026 CM No. 1286/2026

2. Alongside the civil suit, the respondents filed an

application for grant of temporary injunction wherein, by

virtue of order dated 16.10.2024, the trial court of learned

Munsiff, Sumbal came to restrain the petitioners from

causing any sort of interference in any manner with

respect to the suit property comprising Khasra No. 938,

1138/975/947, 878, 850, 589/1, 963/957 till further

orders and disposed of the application for grant of

temporary injunction.

3. The order dated 16.10.2024 has not been assailed by the

petitioners herein in an appeal under Order 43 and as

such, the interim injunction is operating against the

petitioners in terms whereof they are restrained from

causing any sort of interference in any manner with

respect to the suit property.

4. In furtherance of said operating interim direction, the

court of Munsiff, Sumbal, by virtue of order dated

31.12.2025, has now directed the SHO Police Station,

Sumbal to provide adequate police assistance and

protection to the respondents to enable them to erect Page |3 CM(M) No. 83/2026 CM No. 1286/2026

fencing by affixing barbed wire around their respective

share of the suit land strictly in accordance with the

demarcation conducted by the Tehsildar Sumbal and in

consonance with the order dated 16.10.2024 so as to ward

off any breach of peace taking place at the site particularly

from the end of the petitioners.

5. The learned Munsiff Sumbal has, made it clear that

fencing is to be raised only to the extent of the demarcated

share of the respondents and the arrangement would be

purely interim in nature and to remain subject to final

outcome of the suit.

6. The learned Munsiff Sumbal has taken due care of

ensuring that no prejudice is caused to the parties to the

suit by directing the Police Station Sumbal to provide

adequate police assistance and protection to the

respondents in carrying out fencing of the demarcated

portion as the arrangement is meant to be only interim in

nature and that too subject to final outcome of the suit.

7. If the petitioners have any grievance with respect to

indulgence so shown, then the same can only be agitated Page |4 CM(M) No. 83/2026 CM No. 1286/2026

before the court below which then can dispose of the

concern of the petitioners on the merits of the facts and

circumstances of the case.

8. Accordingly, this Court is not inclined to grant any

indulgence and the petition is dismissed accordingly.

(Rahul Bharti) Judge

SRINAGAR 25.03.2026 Aasif