MAHEEN AZHAR KAKROO Vs. SADAF NIYAZ SHAH

JUDGEMENT

(1.) Petitioner is aggrieved of and seeks setting aside of Order dtd. 16/9/2020, passed by 1st Additional District Judge, Srinagar (for short "Appellate Court') on an application titled Maheen Azhar Kakroo v. Sadaf Niyaz Shah and another, filed by her, seeking leave to file an Appeal as an aggrieved party against Orders dtd. 8/9/2020 and 4/9/2020, passed by Sub Judge (Chief Judicial Magistrate) Srinagar (for brevity "Trial Court'), on the grounds made mention of in revision petition on hand.

(2.) The case set up by petitioner in instant revision petition is that she purchased a residential house along with land underneath and appurtenant measuring 03 Kanals and 06 Marias situated at Brane, Nishat, Srinagar (hereinafter called as " suit property") by virtue of a Sale Deed, executed on 10/6/2020, and registered by Sub Registrar, East, Srinagar, on 11/6/2020 and, therefore, she in the capacity of owner of suit property has every right to protect the rights that vest in her and if any order, decree, injunction, and fiat passed qua suit property by any authority/court, affecting her rights, she has every right to appeal against the same. According to petitioner, Orders dtd. 8/9/2020 and 4/9/2020, passed by Trial Court, affect her rights as those orders relate to suit property and having been passed at her back and in her absence. She, therefore, went to the Appellate Court against those orders. However, Appellate Court declined to grant leave in her favour to file Appeal against Trial Court orders.

(3.) I have heard learned counsel for parties and considered the matter.