Rahul Bharti, J
1. The petitioners herein are defendants in a civil suit filed by the respondents. The civil suit came to be taken cognizance by the Principal District Judge, Budgam in which, vide an order dated 10.10.2023 the Court of Principal District Judge, Budgam has directed maintenance of status quo by both the parties with respect to the suit land measuring 32 Kanals falling under khasra nos. 44, 260, 261, 262, 264, 411, 416, 427, 437, 462, 468, 483, 884, 29, 30, khewat no. 150,8 and khata no. 129, 260, 261, 262, 263, 264, 265 situated at Sadekhaare, Mozah Reshipora, District Budgam till next date of hearing, with liberty to the petitioners herein to apply for modification, vacation or variation of the said direction of status quo.
2. Learned counsel for the petitioners submits that the petitioners came to be taken in a very awkward position by the direction of status quo as their house construction was at the advanced stage of completion and upon their insistence for adjudication of application for temporary injunction, the Court of Principal District Judge, Budgam transferred the civil suit to the Court of Additional District Judge, Budgam wherein the proceedings are in the state where the arguments on temporary injunction application are yet to be heard although the petitioners from their end have filed the written statement as well as the objections.
3. Learned counsel for the petitioner submits that transfer of the civil suit by the Court of Principle District Judge, Budgam to Additional District Judge, Budgam was on Court’s own motion.
4. Learned counsel for the petitioners submits that the petitioners would be satisfied with any direction for time bound adjudication of temporary injunction application.
5. This Court, accordingly, disposes of this petition with the following directions: -
a. Principal District Judge, Budgam to recall the civil suit from the Court of learned Additional District Judge, Budgam and re-enter it on the docket of the Court of Principal District Judge, Budgam for its trial;
b. to hear and adjudicate the temporary injunction application and dispose it of within a period of 30 days from the date of passing of this order i.e., 11.01.2023.
6. A copy of this order be sent by the Registrar Judicial, Srinagar to the Principal District Judge, Budgam.
7. Petitioners shall also be at liberty to procure a certified copy of this order and provide to the learned Principal District Judge, Budgam for notice and compliance.
