Gh. Mohi- Ud- Din Dar And Anr vs Hilal Ahmad Dar And Anr
2025 Latest Caselaw 1797 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Gh. Mohi- Ud- Din Dar And Anr vs Hilal Ahmad Dar And Anr on 15 October, 2025

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                     Serial No. 62
                                                                Supplementary Cause list
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR
                           CM(M) 445/2025 CM(6748/2025)
GH. MOHI- UD- DIN DAR AND ANR                                ...Appellant(s)/Petitioner(s)

Through:       Mr. Mir Naveed Gul, Advocate
                                           Vs.

HILAL AHMAD DAR AND ANR
                                                                          ...Respondent(s)
Through:       None

CORAM:
     HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
                                        ORDER

15.10.2025

1. By this petition, petitioners herein have invoked supervisory jurisdiction

under Article 227 of the Constitution of India, thereby challenging order dated

30.09.2025, passed in the application filed by the respondents in the civil suit

titled "Ali Mohammad Dar & Ors. Vs. Hilal Ahmad Dar & Ors.", whereby the

learned Court of District Mobile Magistrate Traffic Anantnag, by allowing the

application filed by the respondents has referred the registered will deed to

Forensic Science Laboratory (FSL), Srinagar, for comparison of the

signatures/thumb impressions, determination of the authenticity of the disputed

will deed.

2. Notice to respondents, subject to taking of steps by the petitioner, to be

effected upon the respondents within a week.

3. Learned counsel for the petitioner has relied upon the judgment passed by

this Court in CM(M) 216/2025, titled "Mohammad Ramzan Bhat and others Vs.

Mst. Khati & anr.". The same is taken on record and paragraph 8 is taken note of

hereinbelow:

"It is an admitted position that the issues in the suit are yet to be framed, and trial of the case is yet to begin. The question whether the Relinquishment Deed is forged one or whether it is genuine, has to be decided during trial of the suit. The same cannot be decided before the commencement of trial of the suit. The petitioners/plaintiffs are relying upon the Relinquishment Deed which has been registered before the Sub-Registrar. Therefore, a presumption of genuineness is attached to the due execution of the Relinquishment Deed. Of course, the said presumption is rebuttable in nature and onus of proving that the said Relinquishment Deed is forged one, lies heavily upon the defendants. It will only be during the trial of the case that the defendants would have an opportunity of rebutting this presumption. However, even before the framing of the issues, this aspect of the matter cannot be gone into."

4. Meanwhile, subject to objections and till next date of hearing, order dated

30.09.2025 passed in the application filed by the respondents in the civil suit

titled "Ali Mohammad Dar & Ors. Vs. Hilal Ahmad Dar & Ors." shall remain

stayed.

5. Alteration/modification, vacation on motion.

6. List on 28.11.2025.

(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR:

15.10.2025 "Adil Ismail"