Masooda Jabeen vs Kulwant Singh Johal And Ors
2025 Latest Caselaw 1404 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Masooda Jabeen vs Kulwant Singh Johal And Ors on 28 August, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                     Serial No.6
                                                 REGULAR CAUSE LIST


 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR

                           MA 54/2018
                         c/w CPC 14/2018
                           CR 39/2018

Masooda Jabeen                                            ...Appellant(s)


Through:    Mr. Anil Bhan, Sr. Advocate with
            Ms. Mehjabeena, Advocate


                                  Vs.


Kulwant Singh Johal and Ors.                             ...Respondent(s)


Through:    Mr. Sunil Sethi, Sr. Advocate with
            Mr. Parimoksh Seth, Advocate

CORAM:
           HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                                ORDER

28.08.2025

1. In terms of an order dated 08.08.2025, this

Court came to set the respondents ex-parte while

registering the plea of Mr. Anil Bhan, learned

Senior Counsel assisted by Ms. Ms. Mehjabeen,

Advocate for the appellant that with coming into

force of S.O. 1229 (E) of 2020 dated 31.03.2020,

the respondents, who are the plaintiffs in a civil

suit against the appellant herein (being one of the

three defendants) seeking a decree of right of prior purchase under Jammu & Kashmir Right to Prior

Purchase Act, Svt. 1993 which has come to suffer

repeal by virtue of SO 1229 (E) of 2020 dated

31.03.2020 and the respondents have lost their lis

by roots and branches, and, therefore, the suit

instead of being kept on board ought to have been

dismissed because of passing of SO 1229 (E) of

2020 dated 31.03.2020 and, accordingly, even

this appeal which is otherwise addressed against

an interim injunctory order of the court of

Additional District Judge, Jammu stood

infructuous because of loss of original lis to the

plaintiffs/respondents.

2. In this regard, Mr. Anil Bhan, learned Senior

Counsel had drawn the attention of this Court to

judgments of the coordinate Benches of this Court

in the cases of "Abdul Samad Bhat and Anr. Vs.

Javid Ahmad Hakak and Ors." in RP No. 58/2025

in CFA No. 139/2017, " Mohammad Jamal Parray

Vs. Ghulam Qadir Mir and Ors." in CR No. 32/2022

and "Sukhdev Singh and Ors. Vs. Arun Prakash

and Ors." in CSA No. 30/1995.

3. Mr. Sunil Sethi, learned Senior Counsel

assisted by Mr. Parimoksh Seth, Advocate on

behalf of the respondents who are otherwise ex-

parte, submits that the lis is salvageable. This

Court would have determined the fate of the civil

suit of the respondents along with the fate of the

present appeal in the light of the aforecited

judgments of the coordinate Benches, but Mr.

Sunil Sethi, learned Senior Counsel submits that

he would distinguish the said judgments in terms

of their application to the facts of the present case

and, therefore, seek indulgence of this Court to

grant him one opportunity.

4. List in continuation on 02.09.2025 in the

Daily Supplementary Causelist.

5. Interim direction, if any, to continue till next

date of hearing.

(RAHUL BHARTI) JUDGE

SRINAGAR:

28.08.2025 "Mir Arif"