The Jammu & Kashmir and Ladakh High Court granted an interim stay where a trial court had, through a clarification application, halted construction previously permitted subject to building approval and an indemnity bond.
Judge / Bench — Hon’ble Mr. Justice Wasim Sadiq Nargal, Judge
It found prima facie substance in the contention that clarification could not be used to upset the disposed interim application. It also sought the trial court’s report because arguments on clarification had concluded over a year earlier without a pronounced order, and called for the scanned record. Notice was issued; the challenged order was stayed subject to objections until the next hearing, while the trial court could proceed lawfully. These are provisional observations, not a final decision on construction rights, title or the permissible scope of every clarification application.
Case — Manzoor Ahmad Bawni and others v. Mohammad Maqbool Ganai · CM(M) No. 464/2026 · 2026-10-12 · Srinagar wing
Advocates appearing — Petitioners — Mr. Erfan Akbar, Advocate. Respondent — Not named in the judgment/order.