It is against the aforesaid course of adjudication that the petitioner feels aggrieved on the count that the same amount to undermining the civil court decree validly passed and in effect to which the erstwhile owners who lost the title by prescription to the petitioner have never ever questioned the status of the petitioner qua the land in reference.: Jammu Kashmir and Ladakh High Court
The Jammu Kashmir and Ladakh High Court passed a judgement on the 16th of January, 2023 in which the court ordered to put a stay on the previous orders passed by various authorities in the case. This was seen in the case of Prem Singh vs Ut Of J&K And Others (WP(C) No. 24/2023 CM No. 103/2023). The case was presided over by The Honourable Mr Justice Rahul Bharti.
FACTS OF THE CASE:
The case is regarding a civil suit for the land measuring 27.14 kanals filed by the petitioner against the recorded owners. On the basis of a civil court decree, the order was in favour of the petitioner and he was declared the owner in possession of 34.14 kanals of land. An appeal was filed by the respondent before the Deputy commissioner. Said appeal came to be decided by setting aside the mutation with respect to the entire land of 27.14 kanals notwithstanding the fact that Mrs Ram Kali had agitated her grievance only to the extent of 2.5 kanals. Against the order of the Deputy Commissioner the petitioner herein preferred an appeal before the Divisional Commissioner. The petitioner came to question the order of the Deputy Commissioner and the order of the Divisional Commissioner, before the Financial Commissioner in a revision which too came to be negated in terms of judgement by the Financial Commissioner.
The premise on which the setting aside of the Mutation came to take place followed by dismissal of the appeal as well as the revision is that the Civil Court has no jurisdiction qua the land in reference to coming forward with any decree in favour of the petitioner.
JUDGEMENT:
The court ordered the Petitioner to furnish registered postal covers within seven days whereupon the Registrar Judicial, Jammu to issue notice to the respondents. In the meantime, they asked to send for the record of Files from the office of the Deputy Commissioner, the Divisional Commissioner and the Financial Commissioner.
Also, the court said that till then, the impugned Order passed by the Deputy Commissioner read with the passed by the Divisional Commissioner, Jammu and the Order passed by the Financial Commissioner shall remain stayed till recalled/altered upon objections by the respondents.
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JUDGEMENT REVIEWED BY KRITI GUPTA