IN THE LEARNED SUB-DIVISIONAL MAGISTRATE,

MENDHAR

Shamin Akhter Kazmi V/s Shabbir Ahmed Mir and Ors

IN THE MATTER OF: -

Application for vacation of Ex-parte

interim order dated _____ and order dated
____ with further prayer to dismiss the
said application in view of the judgment of
the honble JK High Court regarding right
of co-sharers to raise construction over the
joint property.

MAY IT PLEASE YOUR HONOUR;

The non applicant /defendant no. 01 and 2 most respectfully submit as

under:-

1. That the afore-titled suit is pending for

partition into this honble court where the next date of hearing is

fixed on ______.

2. That detailed written

statement/objections have been filed which was adopted as mutatis-

mutandis as grounds to seek vacation of the ex-parte interim orders.

3. That plaintiff has no locus-standi to

seek partition and has been married and settle in Dehradun. As per

local custom/law, she is disentitled to any share in agriculture land

particularly when she is not in personal cultivation of the land and

has seized to become the resident of the U.T on account for

marriage.

4. That honble JK High Court in various

judgments have held that a co-sharer is entitled to raise construction

 over the joint property and other co-sharer cannot seek an injunction

against residential/commercial construction by the shareholder in the

joint property hence the ex-parte interim order is against the

judgment of JK High Court at Jammu and needs to be vacated.

5. That the court cannot pass any ex-parte

interim order restraining defendants to raise construction over the

property as the title of defendants is admitted. Their possession over

the property is admitted, merely because a baseless partition suit has

been filed, such an ex-parte order cannot be passed.

6. That a court who cannot pass a final

order contrary to law, has no power to pass an interim order contrary

to law.

7. An affidavit in support is enclosed.

IN THE PREMISES
it is most humbly prayed that –

Your honor may be pleased to dismiss all the applications pending

and vacate the interim order dated _______ and order dated
_______.

APPLICANT
THROUGH COUNSEL
Dated:
Place:
 IN THE LEARNED SUB-DIVISIONAL MAGISTRATE,
MENDHAR

Shamin Akhter Kazmi V/s Shabbir Ahmed Mir and Ors

IN THE MATTER OF: - AFFIDAVIT IN SUPPORT OF

APPLICATION.

I,
_______________________________________________________
_______________________, do hereby solemnly affirm and declare
as under -
1. That the accompanying application has been read over and explained
to me and the contents of the para No.____ to ____ of the
application are true and correct as per my knowledge and those of
para No.____ are true as per information received from record and
those of remaining paras ____ to ____ are based on legal advice.
2. That the averments made in para 1 and 2 above are true and correct
to the best of knowledge of the deponent and nothing has been
concealed therefrom.

I solemnly swear/affirm that the affidavit is true, no part of this is

false and nothing has been concealed.

Place:
Dated:

DEPONENT