Jammu & Kashmir High Court - Srinagar Bench
Shabir Ahmad Khan & Ors vs Dilshada & Ors on 4 October, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
S.No. 68
Supp. List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
RSA No. 16/2024
CM No. 5678/2024
Caveat No. 2273/2024
Shabir Ahmad Khan & Ors. ...Petitioner/Appellant(s)
Through: Ms. Asma Rashid, Advocate
V/s
Dilshada & Ors. ...Respondent(s)
Through: Mr. Nissar Ahmad Bhat, Advocate
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
04.10.2024
1. The Court of Sub Judge ( Special Mobile Magistrate ) Pulwama came
to adjudicate two civil suits by a common judgment dated 08.08.2023
thereby disposing of civil suit on File No. 15/N of 2014 and civil suit
on file No. 22/N of 2014.
2. Civil suit on file No. 15/N was instituted on 24.05.2014 by the
plaintiff Mst. Dilshada against the defendants namely Shabir Ahmad
Khan, Feroz Ahmad Khan and Mst. Jana.
3. In the suit No. 15/N, the plaintiff Mst. Dilshada sought a declaration
with consequential relief of permanent prohibitory injunction to the
following effect:-
" That a decree for declaration be passed declaring
the decree dated 23.12.2013 passed by the District
Lok Adalat Pulwama, as collusive/fraud in
between the defendants as such also ineffective and
inoperative regarding the ownership/enjoyment
and possessory rights of the plaintiff over the suit
land/property, with a permanent injunction in
favour of the plaintiff against the defendants,
restraining the defendants permanently from
making any sort of interference with the suit land
measuring 12 marlas falling under survey No.
2095-min khewat No. 1148 alongwith shed
thereupon situated at Lethpora Tehsil Pampore, of
the plaintiff and from raising any further
construction/renovation thereupon along with the
costs of the suit."
4. The civil suit filed on File No. 22/N was instituted on 23.06.2014 by
three plaintiffs namely Shabir Ahmad Khan, Feroz Ahmad Khan &
Mst Jana, all of them being the defendants in the civil suit filed by
Mst. Dilshahda.
5. In the civil suit filed by said three plaintiffs, thirteen (13) defendants
came to be named which included Mst. Dilshada as defendant No. 12.
In this civil suit the defendant No. 13 Manzoor Ahmad Khan was a
pro forma defendant.
6. Mst. Dilshahda is alleged to have purchased a plot of land measuring
12 marlas comprised in khasra No. 2095 min along with a tin shed
measuring 10/10 ft situated in Lethpora Pampora and the said sale
deed dated 08.11.2013 is a registered one executed by the vendor
Khursheed Ahmad Magray the husband of the plaintiff Mst. Dilshada.
In this sale deed, 12 marlas plot of land being purchased is
delineated and defined on its four sides by the map annexed
therewith.
7. Following the sale deed made by Khursheed Ahmad Magray to Mst.
Dilshada, one of the three plaintiffs in the civil suit on file No. 22/N
namely Feroz Ahmad Khan had filed a civil suit on file No. 81/N on
13.11.2013 against the plaintiff Shabir Ahmad Khan and Mst. Jana
who were his brother and mother and which the suit was for
declaration and injunction.
8. Within one month of its institution, the suit on file No. 81/N so filed
by the plaintiff Feroz Ahmad Khan against Shabir Ahmad Khan &
Mst. Jana came to be purportedly settled in the Lok Adalat in terms of
the award dated 23.11.2023 which consequently resulted in passing of
a decree dated 23.12.2023 by the Court of Sub Judge, Pulwama.
9. It is against said Lok Adalat award read with decree passed there
upon that Mst. Dilshada had addressed her civil suit No.15/N
reckoning the two i.e Lok Adalat award and the decree to be
prejudicial to her purchased plot of land in terms of the sale deed
dated 08.11.2013.
10. The trial court of Sub Judge, Pulwama came to decree the suit
on file No. 15/N of Mst. Dilshada against three defendants namely
Shabir Ahmad Khan, Feroz Ahmad Khan and Mst. Jana, whereas the
suit on file No. 22/N filed by Shabir Ahmad Khan, Feroz Ahmad Khan
& Mst. Jana against (13) thirteen defendants, including, Mst Dilshada
as defendant No. 12, came to be dismissed by virtue of a judgment
and decree dated 08.08.2023.
11. Against said judgment and decree dated 08.08.2023, the three
plaintiffs of suit on file No. 22/N namely Shabir Ahmad Khan, Feroz
Ahnmd Khan & Mst. Jana joined by Manzoor Ahmad Khan who was
pro forma respondent No. 13 in the civil suit and also joined by
Bsharat Ahmad Khan and Jan Mohammad Khan came to file civil
first appeal before the Court of Principal District Judge, Pulwama on
its file No. 27/2023 on 09.08.2023 which vide a judgment dated
04.09.2024 came to confirm the decree passed in the civil suit on file
No. 15/N of Mst. Dilshada against three defendants namely Shabir
Ahmad Khan, Feroz Ahmad Khan and Mst. Dilshada, whereas the suit
filed by Shabir Ahmad Khan, Feroz Ahmad Khan & Mst. Jana came
to be dismissed of want of evidence and that is how the present civil
second appeal has come up .
12. No substantial questions of law muchless the ones proposed in the
nemo of appeal are found to be involved in this case for the simple
reason that at the time of earning Lok Adalat award resulting in the
decree, the appellants 1 to 3 did not identify as to which is the
property which they were getting compromised inter-se them viz-a-
viz khasra No. 2095 min, whereas the respondent No. 1 Mst. Dilshada
in terms of the sale deed came forward with a description and
delineation of the property purchased by her in terms of sale deed
from her husband. The appellants 1 to 3 in their civil suit No. 22/N
filed against 12 persons as contesting defendants and 13th as a pro
forma defendant came forward borrowing the description of the suit
property as given in the sale deed executed in favour of the
respondent No. 1 Mst. Dilshada by her husband Khurshid Ahmad
Magray meaning thereby the description of the property as given by
appellants 1 to 3 in their civil suit on file No. 22/N was not known to
them when appellant No. 2 Feroz Ahmad Khan had filed civil suit
against his mother Mst. Jana and his brother Shabir Ahmad Khan
which resulted in earning them Lok Adalat award and consequent
decree and at that point of time the description was not known to
appellants 1 to 3 to be stated before the court of law and only after
having gone through the mention of the property in the sale deed the
same came to be made the subject matter of the suit by the appellants
1 to 3.
13.Adding to the shameness of the plea of the appellants 1 to 3 is the fact
that Manzoor Ahmad Khan who was appearing as pro forma
defendant in the civil suit on file No. 22/N came to join the appellants
1 to 3 to be appellants in the present civil 2nd appeal as if appellant
No. 4 Manzoor Ahmad Khan's as a pro forma defendant is also
aggrieved of the outcome of the litigation and that exposes Manzoor
Ahmad Khan neferious design which is getting played through
appellants 1 to 3. Accordingly there are no substantial questions of
law framing in the matter.
14. Dismissed.
(RAHUL BHARTI)
JUDGE
SRINAGAR
04.10.2024
"S.Nuzhat"
