CM(M)/174/2024 of JAMEETA Vs GABBO RAM AND OTHERS on 6 May 2026

ORDER

(06.05.2026)

1. A civil suit came to be commenced by the petitioner/ plaintiff on file No. 48/Civil Suit of 2020 on 30.06.2020 before the court of learned Munsiff Akhnoor.

2. The suit is for permanent prohibitory injunction filed by the plaintiff/petitioner herein against the defendants/three respondents herein restraining them from dispossessing the petitioner/plaintiff from the suit land by making illegal interference into the suit land which is 6 kanals 13 marlas comprising khasra No. 831 and 16 kanals 7 marlas comprising khasra No. 833 of village Pangyari, Tehsil Akhnoor, district Jammu.

3. The petitioner’s suit accompanied with an application for the temporary injunction resulted in passing of an ex parte ad interim order dated 30.06.2020 whereby the trial court with a recital in its order to the effect that the applicant is in possession of the suit property on the basis of the revenue documents with Regular List Serial No. 07

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respect to the suit property produced along with the suit and, therefore, found a prima facie case to come up with a status quo direction qua the suit property.

4. The respondents, upon their appearance in the civil suit, came up with the written statement as well as objections to the temporary injunction application but nevertheless, the counsel for the respondents in the civil suit extended his consent to the interim order dated 30.06.2020 being made absolute which led to passing of order dated 02.09.2020 making the interim direction of status quo in terms of order dated 30.06.2020 absolute.

5. The petitioner came forward with an application for seeking permission of the trial court to cultivate the seasonal crops with respect to the suit land which resulted in an order dated 20.01.2023 whereby the court reserved permission to cultivate the land only with respect to land measuring 6 kanals 13 marlas in khasra No. 831 which left the petitioner aggrieved as the suit land comprised in khasra No. 833 measuring 16 kanals 7 marlas was kept out of the purview of order dated 20.01.2023 and, therefore, came up with the present petition under article 227 of the Constitution of India.

6. It is now more than three years which have gone by reference to order dated 20.01.2023 and, therefore, the very purpose of the application filed by the petitioner before the trial

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court has become infructuous and, consequently, the present petition is also rendered infructuous.

7. Therefore, this Court disposes of the matter with a liberty in favour of the petitioner that in case the petitioner comes to make a fresh application before the trial court for seeking indulgence with respect to cultivation operations with respect to the suit land, then said application, if any, filed by the petitioner supported with or without any current revenue record of khasra girdawari be considered on merits and disposed of said application within thirty days from the date of its filing by first inviting objections from the other side.

8. Disposed of.

9. A copy of this order be forwarded to the court of Munsiff Akhnoor for notice and compliance.

(RAHUL BHARTI) JUDGE JAMMU

06.05.2026

Shivalee

Whether the judgment is speaking: Yes/No

Whether the judgment is reportable: Yes/No Shivalee Khajuria 2026.05.19 11:12 I attest to the accuracy and integrity of this document