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2012 DIGILAW 250 (JK)

Khurshid Ahmad v. State & Ors.

2012-05-11

MANSOOR AHMAD MIR

body2012
1. By the medium of this writ petition, petitioner has sought writ of mandamus in the name of respondents to the effect that respondents be restrained from interfering with their peaceful possession on a land falling under Survey No. 276/182 situated at Wanpora, Chaimullah Qazigund Tehsil Dooru, along with the shop, on the grounds taken in the writ petition. 2. Respondents have filed reply. 3. Official respondents have stated that petitioners have already filed civil suit about the same subject matter, which is subjudice before the court of Munsiff Qazigund. The right to possession as well as title is in dispu te between the petitioner and private respondents 10 to 15, and trial court has already directed parties to maintain statusquo. It is apt to reproduce paragraph 3 herein:- "3. In reply to para 3 of the writ petition, it is submitted that the petitioner's right to possession as well as title in respect of the subject matter (land) is disputed, the same is confronted by private respondents Nos. 10-15 through the medium of a civil suit which is sub-judice before the Hon'ble Court of Learned Munsiff 1st Class, Qazigund in which the order of status quo has also been passed." 4. Private respondents have also filed reply on the ground that already a civil suit is pending; therefore, writ is not maintainable. Further they have disputed the title of the petitioner and even the fact of being in possession is also disputed. That petitioner has not stated in the writ petition about the pendency of suit before Munsiff Qazigund. 5. Heard counsel for the parties. 6. Considered. 7. There is a civil suit, titled Khurshid Ahmad Rather v. Joginder Singh and others; pending before Munsiff Court, Qazigund, wherein, almost same relief, as is prayed in the instant writ petition has been sought. It is apt to reproduce the prayer clause of the said suit herein:- "In the premises it is therefore prayed that this Hon'ble court may be pleased to pass a decree in favour of the plaintiff and against the defendants, restraining the defendants not to interfere with the possession of plaintiff in respect of land measuring 10 marlas bearing survey No. 276/182 situated at Wanpora Qazigund Tehsil Dooru, District Anantnag. Any other relief which this Hon'ble court may deem fit and proper be also passed in favour of the plaintiff and against the defendants." 8. Any other relief which this Hon'ble court may deem fit and proper be also passed in favour of the plaintiff and against the defendants." 8. Having regard to the fact of pendency of a civil suit regarding the same subject matter and the fact of disputed questions being involved, this court, in its writ jurisdiction, cannot adjudicate upon it. 9. In the depicted background, the writ petition is dismissed as not maintainable. The trial court is directed to dispose of the suit pending before it expeditiously without of course, getting overawed or influenced by the observations, made in this order.