Jammu and Kashmir High Court
FAO/5/2023 of GHULAM MOHI UD DIN PARA Vs MST. MISRA AND OTHERS on 25 November 2025
No.24 Regular Cause List HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT SRINAGAR Through Virtual Mode FAO 5/2023 CM(1450/2023) CM(1701/2023) CM(418/2024) Ghulam Mohi Ud Din Para … Appellant(s)/Petitioner(s) Through: - Mr. Syed Sajad Geelani, Advocate. V/s Misra & Others …
Serial No.24
Regular Cause List
HIGH COURT OF JAMMU& KASHMIR AND LADAKH
AT SRINAGAR
Through Virtual Mode
FAO 5/2023 CM(1450/2023) CM(1701/2023) CM(418/2024)
Ghulam Mohi Ud Din Para
… Appellant(s)/Petitioner(s)
Through: -
Mr. Syed Sajad Geelani, Advocate.
V/s
Misra & Others
… Respondent(s)
Through: -
None.
CORAM: HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.
(ORDER)
25.11.2025
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1. Learned counsel for the appellant submits that the impugned order passed by the Trial Court was challenged before this Court, and fresh construction by the respondents was initially stayed, however, the order was modified and, in terms of order dated 24th of May, 2024, providing that respondent No. 3 and 4, may continue with construction activity on the suit land, subject to filing of an undertaking before this Court to the effect that the same shall be subject to the outcome of the main appeal and shall do so at their own risk and responsibility with further liberty to demolish the same if so directed at the conclusion of the appeal.
2. The learned counsel for the appellant submits that the appellant shall feel satisfied in case this appeal is disposed of providing that the condition imposed by this Court vide order dated 24th of May, 2024 be made subject to the conclusion of the suit, before the Trial Court.
3. In view of the submissions made by the learned counsel for the appellant and having regard to the innocuous prayer, this appeal is disposed of providing that the construction carried out in terms of the interim order of this Court shall be subject to the outcome of the suit pending before the Trial Court. The Trial Court shall proceed in the matter expeditiously.
4. Misc. Appeal is thus disposed of on the above terms, along with connected CM(s).
(M. A. CHOWDHARY)
JUDGE SRINAGAR 25th November, 2025 Shoaib Javid