DAYA KRISHAN WALI Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of the instant appeal, the appellant herein seeks setting aside of order dtd. 10/1/2018 passed by the Court of Additional District Judge, Jammu, whereby the plaint of the appellant has been returned for its presentation before the competent court of jurisdiction.

(2.) A suit for permanent prohibitory and mandatory injunction came to be filed by the appellant herein against the respondent No. 1 before the court of Additional District Judge, Srinagar in respect of land measuring 09 kanals and 10 marlas underneath and appurtenant to Hotel namely "Golf View Hotel" at Gulmarg District Baramullah. Upon presentation of the suit the trial court in terms of the impugned order has returned the plaint noticing that the subject matter of the suit being immoveable property does not fall within its territorial jurisdiction as envisaged under Sec. 16 of the Code of Civil Procedure. Thus, expressed its inability to adjudicate upon the suit.

(3.) During the pendency of the instant appeal, an application came to be filed by respondents Nos. 2 and 3 herein for impleadment as party respondents in the appeal claiming an interest and right in the property in question. This Court in terms of order dtd. 19/8/2020 allowed the application and the impleadment of the applicants therein as respondents Nos. 2 and 3 in the instant appeal.