Iqbal Singh vs Durga Devi And Others
2022 Latest Caselaw 1479 j&K

                                                                  103

 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                  AT JAMMU

                                             CFA No. 19/2001
                                             IA No. 103/2001
                                             IA No. 43/2014

Iqbal Singh                                 ..... Appellant(s)/Petitioner(s)

                    Through: Mr. K. L. Pandita, Advocate

               Vs

Durga Devi and others                                  ..... Respondent(s)

                    Through: Mr. Siddharth Anand, Advocate
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                               ORDER

20.10.2022

The Civil 1st appeal of 2001 is addressed against the judgment

and decree dated 14.02.2001 passed by the Principal District Judge,

Poonch in a civil suit on file no. 5/Civil titled "Durga Devi Vs Iqbal

Singh and another" in terms whereof the civil suit for right of prior

purchase filed by the respondent no. 1 herein against Isher Dass, the

predecessor-in-interest of the proforma respondent nos. 2 to 5, and the

appellant herein with respect to the sale-deed dated 26.05.1987, has

been decreed. It is the vendee of the sale-deed dated 26.05.1987 who is

the appellant herein.

By reference to an order dated 02.08.2005 passed in the

present appeal, the learned counsel for the appellant submits that the

adjudication of this appeal has been kept subject to the decision of a

pending writ petition OWP no. 221/2004 titled "Krishan Singh and

others Vs State" in which the issue of Permanent Resident Certificate

(PRC) of the appellant herein is in question. A perusal of the judgement

and decree dated 14.02.2001 of the Principal District Judge, Poonch

which is in Civil 1st appeal now before this Court reveals that the suit of

the respondent no. 1 has been decreed unrelated to the state-subject

status of the appellant and as such by no stretch of imagination and

inference the adjudication of this Civil 1st Appeal could be subjected as

hostage to the outcome of OWP no. 221/2004 and as such this appeal

of 2001 needs to be heard on its own merits.

Learned counsel for the parties are directed to address

arguments on the appeal on the next date of hearing.

List this appeal on 01.11.2022, as the case is on a priority list

in terms of timeline set out for disposal of old pending cases.

(Rahul Bharti) Judge Jammu 20.10.2022 Muneesh