Tariq Ahmad Bhat and Others v. Mohammad Amin Bhat and Another

O R D E R 10-07-2026 Caveat 1535/2026

With the appearance of learned counsel for the caveator, the caveat filed by the caveator stands discharged. CM(M) 267/2026 CM(4140/2026)

¶1Two respondents herein are plaintiffs in a civil suit on the file of court of learned Munsiff, Shopian instituted on 16.03.2026 wherein four petitioners herein figured as defendants.

¶2The suit is for permanent prohibitory injunction decree with respect to land measuring 15-kanals and 15-marlas comprised under survey (khasra) Nos. 33, 20, 24, 378, Khewat No. 19 and Khata Nos. 100 and 102, in village Gundi-Hadoo Khudpora, Shopian.

¶3The trial court of learned Munsiff, Shopian by virtue of ad interim ex parte order dated 16.03.2026, has come to injunct the petitioners as defendants from causing any sort of interference in any manner whatsoever with the suit land. The order is however subject to the objections from the other side.

¶4The petitioners have appeared in the suit, filed written statement as well as objections to the temporary injunction application.

¶5In the plaint, two respondents as plaintiffs have referred to mutation No. 749 on the basis whereof they are purportedly laying their title qua the suit property as being successors of original and admitted owner Nabba.

¶6After institution of civil suit, in a revenue proceeding before Financial Commission or (Revenue), J&K, on file No. 1167/FC/AP preferred by the petitioners herein, mutation No. 749 dated 04.02.2025 has been set aside and the matter remanded to the Tehsildar concerned for de novo enquiry and passing of fresh orders after hearing all the concerned.

¶7The Financial Commissioner, (Revenue) J&K's order dated 23.06.2025 has come to be challenged by the two respondents in WP(C) No. 1451/2026, wherein this Court has directed status quo by both parties to

the property in dispute, which, of course, is very much the suit property.

¶8For seeking implementation of ex parte ad interim temporary injunction order, the two respondents sought a direction unto SHO Police Station Shopian to carry out the implementation which came to be obliged by the court of learned Munsiff, Shopian vide an order dated 28.03.2026, with a direction to the SHO Police Station Shopian to implement the temporary injunction order in letter and spirit.

¶9Obviously, order dated 16.03.2026, because of subsequent development of institution of WP(C) No. 1451/2026 is in conflict as this Court has directed status quo for both sides to maintain qua the suit property which property was forming subject matter of mutation No.749 of 2025, whereas the Court of Munsiff, Shopian is pressing on implementation of temporary restraint order as such competing directions cannot stay together and, therefore, the direction of court of learned Munsiff, Shopian in terms of order dated 28.03.2026 is to take back seat.

¶10Accordingly, order dated 28.03.2026 is set aside with a direction to the court of learned Munsiff, Shopian to dispose of the pending temporary injunction application of the respondents by or before 15th August, 2026.

Learned Registrar Judicial, High Court of J&K, Srinagar, to forward a copy of this order to the learned Munsiff Shopian for notice and consequent compliance.

(RAHUL BHARTI)

JUDGE

SRINAGAR 10-07-2026

Shameem H.

Sr. No.140 Suppl. List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 267/2026 CM(4140/2026) Caveat 1535/2026 TARIQ AHMAD BHAT AND OTHERS …Petitioner(s)/appellant(s) Through: Mr. Mir Manzoor, Advocate Vs. MOHAMMAD AMIN BHAT AND ANOTHER ...Respondent(s) Through: Mr. Bilal Ahmad Khan, Advocate (Caveator) CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE