Jammu & Kashmir High Court – Srinagar Bench
Gh. Qadir Mantoo & Others vs Mst. Khatooni And Others on 23 February, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No.05
REGULAR CAUSE LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) 44/2026 CM(613/2026) CM(839/2026)
Gh. Qadir Mantoo & Others ...Petitioner(s)
Through: Mr. Mir Majid Bashir, Advocate
Vs.
Mst. Khatooni and Others ...Respondent(s)
Through:
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
23.02.2026
1. The respondents No. 1 to 5 herein came to file a
civil suit on File No. 101/VM dated 11.07.2020,
before the Court of the learned Munsiff, Anantnag.
2. In their said civil suit, the respondents No. 1 to 5
named 18 defendants.
3. The respondents No. 1 to 5’s suit is for
declaration, possession along with permanent
prohibitory injunction.
4. The respondents No. 1 to 5 as plaintiffs in the
civil suit have prayed for following reliefs:-
(i) That the plaintiffs are owners in possession
of land under survey numbers 526/54 land
measuring 4 Kanals 4 ½ Marlas,
531/434/60 land measuring 1 Kanal 5
Marlas, 536/61 land measuring 11 Marlas
through Mohd Yusu Layguroo and another,
525/54 land measuring 1 Kanal 2 Marlas,
828/270 land measuring 4 Kanals,
763/432/302 land measuring 1 Kanal,
685/216 land measuring 3 Kanals 18
Marlas, 496/12 land measuring 9 ½
Marlas, 523/54 land measuring 1 Kanal
through the beneficiary plaintiff 3, 536/61
land measuring 11 Marlas through
beneficiary of plaintiff 3,732/259 land
measuring 3 Kanals and 733/259 land
measuring 15 Kanals 05 Marlas situated at
Panzmullah, Anantnag. A decree o
declaration to this effect may be passed.
(ii) That the plaintiffs in addition to land
mentioned in above stated survey numbers
are also entitled to hold and possess landed
estate/s mentioned in survey numbers 17
land measuring 4 Kanals 12 Marlas, 17/1
land measuring 3 Kanals 8 Marlas, 526/54
land measuring 8 Marlas, 764/432/302
land measuring 1 Kanal, land measuring
495/12 land measuring 4 Kanals, 798/321
land measuring 1 Kanal 16 Marlas,
686/216 land measuring 2 Kanals 10
Marlas,527/54 land measuring 1 Kanal 3
Marlas, 496/12 land measuring 9½ Marlas,
733/259 land measuring 01 Kanal situated
at Panzmullah Anantnag and the plaintiffs
seek possession of the above stated landed
estate in the above said survey numbers in
the same nature as it was illegally occupied
or in the present nature or existing position
or vacant possession of the same landed
estate be delivered to the plaintiffs as they
are the only persons entitled to said land
and only ones entitled to hold and possess
the same. A decree for possession of land
viz-a-viz these survey numbers be passed.
(iii) That the defendants may be commanded to
handover the possession of the landed
estate/s mentioned in survey numbers 17
land measuring 4 Kanals 12 Marlas, 17/1
land measuring 3 Kanals 8 Marlas, 526/54
land measuring 8 Marlas, 764/432/302
land measuring 1 Kanal, land measuring
495/12 land measuring 4 Kanals, 798/321
land measuring 1 Kanal 16 Marlas,
686/216 land measuring 2 Kanals 10
Marlas,527/54 land measuring 1 Kanal 3
Marlas, 496/12 land measuring 9½ Marlas,
733/259 land measuring 01 Kanal
Panzmullah Anantnag situated at
Panzmullah Anantnag.
(iv) That the defendants may be restrained from
causing any third party interest or changing
the nature of the suit land / landed estate/s
mentioned in survey numbers 17 land
measuring 4 Kanals 12 Marlas, 17/1 land
measuring 3 Kanals 8 Marlas, 526/54 land
measuring 8 Marlas, 764/432/302 land
measuring 1 Kanal, land measuring 495/12
land measuring 4 Kanals, 798/321 land
measuring 1 Kanal 16 Marlas, 686/216
land measuring 2 Kanals 10 Marlas,
527/54 land measuring 1 Kanal 3 Marlas,
496/12 land measuring 9 ½ Marlas,
733/259 land measuring 01 Kanal situated
at Panzmullah Anantnag.
(v) That the defendants may be restrained from
causing any sort of interference with the suit
land under survey numbers 526/54 land
measuring 4 Kanals 4 ½ Marlas,
531/434/60 land measuring 1 Kanal 5
Marlas, 536/61 land measuring 11 Marlas,
525/54 land measuring 1 Kanal 2 Marlas,
828/270 land measuring 4 Kanals,
763/432/302 land measuring 1 Kanal,
685/216 land measuring 3 Kanals 18
Marlas, 496/12 land measuring 9 ½
Marlas, 523/54 land measuring 1 Kanal,
536/61 land measuring 11 Marlas,732/259
land measuring 3 Kanals and 733/259 land
measuring 15 Kanals 05 Marlas situated at
Panzmullah, Anantnag.
(vi) That any other order or direction or relief
may also be granted in favour of the
plaintiffs and against the defendants based
on merit of the case. Such relief which is
even not sought but plaintiffs found entitled
to it on the basis of facts and circumstances
may also be granted to them in the interest
of justice.
5. The Court of the learned Munsiff, Anantnag, by
virtue of an ex parte order dated 11.07.2020, passed
an order for maintenance of status report by both
parties to the suit with respect to the suit land covered
under survey (Khasra) number:-
17 measuring 4 Kanals 12 Marlas,
17/1 land measuring 3 kanals 8
Marlas,
526/54 land measuring 8 Marlas,
764/432/302 land measuring 1
kanal,
495/12 land measuring 4 Kanals,
798/321 land measuring 1 Kanal
16 Marlas,
682/216 land measuring 2 Kanals
10 Marlas,
527/54 land measuring 1 Kanal 3
Marlas,
496/12 measuring 9 ½ Marlas,
733/259 land measuring 01 Kanal,
526/54 land measuring 4 Kanals ½ Marlas,
531/434/60 land measuring 1 Kanal 5
Marlas,
536/61 land measuring 11 Marlas,
525/54 land measuring 1 Kanal 2 Marlas,
828/270 land measuring 4 Kanals,
763/432/302 land measuring 1 Kanal,
685/216 land measuring 3 Kanals 18
Marlas,
496/12 land measuring 9 ½ Marlas,
523/54 land measuring 1 Kanal,
536/61 land measuring 11 Marlas
732/259 land measuring 3 Kanals and
733/259 land measuring 15 Kanals 05
Marlas 4½ Marlas,
531/434/60 land measuring 1 Kanal 5
Marlas,
536/61 land measuring 11 Marlas,
525/54 land measuring 1 Kanal 2 Marlas
828/270 land measuring 4 Kanals,
763/432/302 land measuring 1 Kanal,
685/216 land measuring 3 Kanals 18
Marlas,
496/12 land measuring 9 ½ Marlas,
523/54 land measuring 1 Kanal,
536/61 land measuring 11 Marlas
732/259 land measuring 3 Kanals and
733/259 land measuring 15 Kanals 05
Marlas.
6. The aforesaid suit land is situated in Pazmullah,
Anantnag.
7. Upon their service, the defendants No. 1-
Ghulam Qadir Mantoo, No.2-Ali Mantoo, No.4-Mst.
Raja, No.5-Bashir Ahmad Mantoo, No. 6-Abdul Rashid
Mantoo and defendant No. 7-Gulzar Ahmad Mantoo,
came up with an application filed on 05.10.2020 on
File No. 3/VM thereby invoking Order 39 Rule 2-A of
the Code of Civil Procedure 1908, thereby seeking
status quo ante.
8. In addition, the above named defendants also
invoked section 151 read with section 94 of the Code
of Civil Procedure, 1908 for the alleged act of breach of
the status quo direction on the part of the respondents
No. 1 to 5 as plaintiffs.
9. In their said two applications, the above said set
of defendants came to be allege that on intervening
night of 14/15 July, 2020, the status quo direction
with respect to the land comprised in Khasra No.
732/259 (3 Kanals) and Survey No. 733/259 (6.12
Kanals) came to be breached on the part of the
respondents No. 1 to 5, along with their family
members all of whom came to be named in the said
two applications, by cutting down and removing some
200 odd apple trees and, thereafter, coming up with
the tin shed construction at the site of the aforesaid
two khasra numbers.
10. Said two applications of said set of defendants,
who are now petitioners before this Court, are stated
to be long pending disposal before the Court of the
learned Munsiff, Anantnag while the evidence in the
respective two applications have been led for enabling
the Court to take a call.
11. The petitioners have therefore come forward with
the present petition under Article 227 of the
Constitution of India invoking the supervisory
jurisdiction of this Court for an appropriate direction
unto the trial Court of the learned Munsiff, Anantnag
to dispose of the pending two applications of the
petitioners.
12. This Court has been apprised by learned counsel
for the petitioners that even the temporary injunction
application filed by respondents No. 1 to 5 has till date
not been disposed of and it is only by virtue of an ex-
parte ad-interim status quo direction that the
proceedings with respect to the temporary injunction
adjudication are going on.
13. This petition is disposed of at its very inception
stage by directing the Court of the learned Munsiff,
Anantnag to dispose of all the three applications i.e.,
Order 39 and Rule 1 and 2 application preferred by
the respondents No. 1 and 2 along with the two
applications of the petitioners by or before
31.03.2026.
14. Failure to do the needful by the learned
Presiding Officer of Munsiff Court, Anantnag shall be
accounted for before the Hon’ble Administrative Judge
of the Court.
15. Extension of time, if any in doing the needful
adjudication as directed, to be availed by laying a
motion before this Court citing the reasons for default
in not disposing of the matter as directed by this
Court in the time schedule set in.
16. Copy of this order be forwarded by the Registrar
Judicial, Srinagar to the Court of learned Munsiff,
Anantnag for notice and compliance.
17. Disposed of.
(RAHUL BHARTI)
JUDGE
SRINAGAR:
23.02.2026
“Mir Arif”
