Anil Tickoo vs Mohammad Hanief Malik
2021 Latest Caselaw 915 j&K/2

           S.No 19
           Admission
           Suppl 1
                   IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                      AT SRINAGAR

                                             CM (M) No. 117/2021
                                             CM 5265/2021

                Anil Tickoo
                                                                    Petitioner(s)

                                             Through: Mr. Arif Skinder Mir, Adv.

                                       V/s

                Mohammad Hanief Malik
                                                                    Respondent(s)

                                             Through:
                Coram:
                                Hon'ble Mr. Justice Dhiraj Singh Thakur, Judge


                                                    ORDER

16.08.2021

Notice returnable within four weeks. Counsel for the petitioner places reliance upon a Judgment of Coordinate Bench of this Court dated 13th December, 2021, wherein powers under Article 227 of the Constitution of India read with Section 104 of the erstwhile Constitution of Jammu and Kashmir have been exercised staying the proceedings before the trial court in a civil suit in which the property of a migrant was involved, keeping in view the Jammu and Kashmir Migrant Immovable Property (Preservation, protection and Restraint on Distress Sales) Act, 1997.

Prima facie, case is made out. Pending objections, the proceedings before the Additional District Judge, Srinagar, in case titled Mohammad Hanief Malik v. Naseer Ahmad Dar and Ors. shall remain stayed.

List on 5th October, 2021.

(Dhiraj Singh Thakur) Judge

Srinagar 16.08.2021 "Shamim Dar"

SHAMIM AHMAD DAR 2021.08.18 15:12 I attest to the accuracy and integrity of this document