Mohd. Bashir vs Khan Mohd. And Another
2021 Latest Caselaw 1343 j&K

                                                                  Sr. No.23

               HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                             AT JAMMU

                                                 CSA No.2/2015
                                                 IA No.2/2015

Mohd. Bashir                                          ....Petitioner/Appellant(s)

                  Through :- Mr. G.S Thakur, Advocate.


        V/s


Khan Mohd. and another                                        ....Respondent(s)


                 Through :-   None.

Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE

                                     ORDER

27.10.2021

Despite service, no one has caused appearance on behalf of the

respondents.

Heard Mr. G.S Thakur, learned counsel for the appellant.

The appeal is admitted on the following questions of law:

a) Whether the appellate court can reverse the finding of the trial court which is fact finding by assuming the facts without appreciating the pleadings and the statements of the parties in summarily manner in violation of Order 41 Rule 31 CPC.

b) Whether it is mandatory for the propounder of the Will to discharge the onus pertaining to the genuineness and competency of the Testator to execute the Will Deed.

c) Whether it is mandatory under the Muslim Law to obtain consent from his legal heirs before executing the will deed or it can be informed from the conduct or by implication.

d) Whether the judgment of the Appellate Court is perverse in so far as the same is not based on any evidence.

Post admission notice be issued to the respondents.

List on 27.12.2021.

Interim direction shall continue till next date of hearing.

(Tashi Rabstan) Judge Jammu:

27.10.2021 Surinder

SURINDER KUMAR 2021.10.27 15:36 I attest to the accuracy and integrity of this document