KULDIP SINGH Vs. KRISHNA DEVI

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 20.02.2013 rendered by the learned Single Judge of this Court dismissing OWP no. 1354/2010. The Writ Court has up held the order dated 14.09.2010 passed by the learned Sub Judge Jammu who has dismissed the application filed by the appellantpetitioners for placing on record an old sale deed.

(2.) THE appellant-petitioners have filed a suit for declaration to the effect that the sale deed 29.05.1999 registered in the Court of Sub Registrar Mufassil Jammu on 02.06.1999 executed by their father in favour of respondent nos. 1 to 5 was null and void. According to the claim made by the appellant2 petitioners the suit property was agricultural land and the same was their ancestral property.

(3.) THE aforesaid order was questioned before the learned Single Judge by invoking jurisdiction under Article 227 of the Constitution. The learned Single Judge by placing reliance on para nos. 80, 81 and 82 of the judgment of Hon 'ble the Supreme Court rendered in case of Shalini Shyam Shetty v. Rajendra Shankar Patil, 2010 AIR SCW 6387, concluded that against the interlocutory order once the revision is barred under the provisions of the amended CPC then the petition under Article 227 of the Constitution would also not be maintainable. The learned Single Judge also placed reliance on para 62 of the judgment of Hon 'ble the Supreme Court in Shalini Shyam 3 Shetty 's case (supra) where distinction has been drawn between Article 226 and 227. The learned Single Judge also placed reliance on another judgment of Hon 'ble the Supreme Court rendered in case of Kokkanda B. Poondacha and ors v. K. D. Ganapathi and anr, 2011 AIR SCW , 1737.