Dharam Chand And Ors vs Kuldeep Kumar And Anr
2023 Latest Caselaw 1499 j&K

                                                                   Sr.No. 114

,HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

                                                           CM(M) No.141/2023
                                                           CM No.4605/2023


Dharam Chand and ors.                                    ....Petitioner(s)/Appellant(s)

                   Through :- Mr. Asheesh Singh Kotwal, Advocate.

                V/s

Kuldeep Kumar and anr.                                               ....Respondent(s)


                  Through :-    None.
Coram: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                       ORDER

01. The instant petition has been filed under Article 227 of the

Constitution of India. The petitioners, herein, are seeking quashment of order

dated 24.01.2023, passed by the court of learned Sub Judge, Kathua by virtue of

which the petitioners and respondents were directed to maintain status quo on

spot with regard to the land measuring 09 kanal 12 marla comprising Khasra No.

2483/1415, Khewat No.304/305 and Khata No.551/512 situated at Village

Bhaddu, Tehsil Billawar District Kathua.

02. It is stated that the petitioners are the owners in possession of land

measuring 09 kanal 12 marla comprising Khasra No. 2483/1415, Khewat

No.304/305 and Khata No.551/512 situated at Village Bhaddu, Tehsil Billawar

District Kathua. The said land devolved upon the petitioners by virtue of the Will

Deed dated 08.03.2004 executed by Late Assa Anand, the real uncle of the

petitioner No.1, who died issueless.

03. The respondents filed a suit for declaration to the effect that Will deed

with respect to the land measuring 09 kanal 12 marla comprising Khasra No.

2483/1415, Khewat No.304/305 and Khata No.551/512 situated at Village

Bhaddu, Tehsil Billawar District Kathua registered on 08.03.2004 before the

Court of Learned Sub Registrar Billawar executed by Late Assa Anand in favour

of the petitioner No.1, is illegal. The suit was filed on 24.01.2023. The

respondents have enclosed a revenue extract of Khasra Girdawari with respect to

the said land in which it is specifically mentioned that the land in question is

being cultivated by the petitioners who are in actual physical possession of the

land. The civil suit was also filed along with the application under Order 39 Rule

1, 2 & 3 read with Section 151 CPC.

04. The petitioners appeared before the Court on 10.02.2023 and furnished

the written statement along with the objections to the application under Order 39

Rule 1, 2 & 3 read with Section 151 CPC. It is stated that the request was made

before the Court below for hearing the petitioners on interim application, but the

learned Judge adjourned the hearing of the case to 03.03.2023. On 29.03.2023,

arguments took place in the application under Order 39 Rule 1, 2 & 3 read with

Section 151 CPC and the learned Judge fixed the date on 28.04.2023 for orders.

Therefore, the matter was listed on 28.04.2023, 01.06.2023 and 15.07.2023 but

unfortunately, the Court below has not pronounced its verdict till date.

05. It is stated that the petitioners, being owners in possession of the land,

are in actual possession of the land, but the respondents in order to pressurize

them by misusing the order dated 24.01.2023, moved an application on

03.03.2023 before the Court below for seeking directions to the SHO P/S

Billawar to implement the order dated 24.01.2023 passed by the Court.

06. Learned counsel for the petitioners states that the order dated

24.01.2023 is in clear violation of the judgment passed by this Court in case

titled Shabir Ahmad Ganai V/s Ghulam Mohi-Ud-Din Wani, wherein, it is

specifically mentioned that while passing an interim order directing the parties to

maintain status quo, the trial courts should in no uncertain terms record a

tentative finding as to which of the parties is in possession of the disputed land.

07. Learned counsel for the petitioners submits that the petitioners would

feel satisfied, if the instant petition is disposed of with a direction to the Court of

Sub-Judge Kathua to consider the arguments being made by the parties on

29.03.2023.

08. Without going into the merits of the case, the instant petition is

disposed of with a direction to the Court of Learned Sub-Judge Kathua to

consider the arguments being made by the parties on 29.03.2023 and pass

appropriate orders within a period of two weeks from the date a copy of this

order is served upon the respondents by the petitioners.

09. Disposed of.

(MOKSHA KHAJURIA KAZMI) JUDGE

Jammu:

04.08.2023 Eva