Mohammad Yousuf And Others vs Ghulam Hassan And Others
2021 Latest Caselaw 361 j&K/2

                Serial No. 214
                After notice
                Cause list.
                                 HIGH COURT OF JAMMU AND KASHMIR
                                           AT SRINAGAR
                                                ....
                                           CSA No. 03/2019

                Mohammad Yousuf and others
                                                                         ....... Petitioner(s)
                                                     Through: Mr. P. S. Ahmad, Advocate
                                                Versus
                Ghulam Hassan and others                                 ........ Respondent(s)
                                                     Through: Mr. M. Y. Bhat, Sr. Advocate with
                                                              Mr. Furqan Yaqub, Advocate
                CORAM:
                   HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

                                                         ORDER

Heard learned counsel for the appellants and peruse the record on file. This Civil Second Appeal is against the Judgement/decree passed by the District Judge, Kulgam. After going through the memo of Appeal, judgment passed by the Trial court and proposed substantial question of law framed by the appellants in the memo of Appeal, following substantial question of law for consideration in this Appeal;

"Whether a civil suit for declaration of right to share and possession and injunction is maintainable, if rights of the parties with regard to same property are already determined by the revenue authorities in terms of settled legal position and whether it was not imperative for the civil court to determine the said issues and such an omission, whether shall render the judgment and decree illegal and perverse."

Other questions framed in the memo of Appeal are substantial question of law.

The record of the Trial court be summoned. List on 29.4.2021.

In the meanwhile, status quo be maintained till next date of hearing before the Bench.

(VINOD CHATTERJI KOUL) JUDGE Srinagar 29.3.2021 Imtiyaz

IMTIYAZ UL GANI 2021.03.30 22:45 I attest to the accuracy and integrity of this document