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2012 DIGILAW 251 (JK)

Gh. Mohammad Kuchay & Ors. v. State & Ors.

2012-05-11

MANSOOR AHMAD MIR

body2012
1. The subject matter of the writ petition is orders dated 25lh April, 2012 and 30th April, 2012, passed by Sub Judge, Budgam passed in a suit titled Mst. Zooni v. Gh. Mohd. Kuchay & Ors, by virtue of which, the parties were directed to maintain statusquo and the Police concerned was directed to implement the order. 2. Precisely the case of the petitioners is that they filed a suit for grant of declaration and permanent injunction before the Sub Judge, Budgam alongside an application for grant of ad-interim relief was also filed. 3. Trial court after considering the material facts directed that stalusquo in the matter be maintained. 4. Having regard to the nature of the controversy involved in the matter, 1 deem it proper to dispose of the writ petition at admission stage itself. 5. Heard counsel for the petitioner. 6. The power of granting an interim relief, in terms of provisions of the Code of Civil Procedure, hereinafter for short as CPC, is a discretionary one. Refusing or granting of relief is appealable in terms of mandate of CPC. It is beaten law of the land that interim order is not to be interfered with unless it is abuse of process of law and unwarranted. 7. In view of recent amendment in CPC, no revision lies against such orders. 8. Now the question is, as to whether the writ petition is maintainable? 9. This court, in a case titled Gh. Mohi-ud-din Bhat v. Gh. Mohi-ud-din Bhat bearing OWP No. 1654 of 2011, of which incidentally I am the author, has held that writ petition against interlocutory orders is not permissible. 10. In the instant case, the petitioners have not even exhausted the efficacious remedy available to them. 11. Admittedly the petitioners' case is not that the courts below have acted without or in excess of jurisdiction. 12. The case projected by the petitioner in his petition is that trial court has committed gross irregularity and miscarriage of justice by passing an exparte order. Thus it is not a case where writ is permissible. 13. This court also in series of cases titled OWP No. 1364/2011 titled Abdul Rehman Dar and Ors. v. Showkat Ali Bhat & ors, OWP No. 69/2012 titled Ghulam Rasool Zargar v. State and others has laid down the same principle. 14. Thus it is not a case where writ is permissible. 13. This court also in series of cases titled OWP No. 1364/2011 titled Abdul Rehman Dar and Ors. v. Showkat Ali Bhat & ors, OWP No. 69/2012 titled Ghulam Rasool Zargar v. State and others has laid down the same principle. 14. In the given circumstances, the writ petition is held to be not maintainable, therefore, dismissed.