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Judgment
The High Court does not ordinarily interfere in revision where the impugnedorder is appeal able to the District Judge but no such appeal has
been preferred or if preferred, the same has subsequently been withdrawn, suit in view of the peculiar circumstances of the case, it can justifiably
be treated as an exception to this general rule. Here the learned Munsiff has narrated the facts and observed.
After going through the material on record, pass the following order with terms and conditions:
That non applicants are allowed to construct the cow shed subject to the production ""of bond stating therein that if case is decreed in favour of the
plaintiff, the nonapplicants shall have to demolish the construction a$ their own cost and they shall have to pay damages to the tune of Rs. 300/
This bond shall be furnished within one week from today. With these terms and conditions, order passed
This is no order in the eye of law. The learned Munsiff' has nowhere spelt out, the . considerations which entered into his mind in permitting the
plaintiff to raise the construction over the disputed land pending final disposal of the suit. It is true that the order is a discretionary order but the
discretion has to be exercised on wellestablished principles governing the grant of temporary injunction. The learned munsiff has nowhere referred
to those principles much less applied the same He has not even tried to marshal the facts This is absolutely an arbitrary order unsustainable in law?)
Allowing this revision petition, 1 set aside the order and direct that the learned Munsiff shall pass fresh orders in accordance with law after
hearing the parties The learned Munsiff will decide the matter within one week from the date here in after fixed for appearance of the parties before
him and report compliance to the Deputy Regist.ar. Srinagar, The parties are directed to appear before the Munsiff Anantnag on 22od of
September, 1980