SURINDER SINGH Vs. GURDEV RAM AND OTHERS

JUDGEMENT

(1.) Petitioner has invoked writ jurisdiction of this Court for quashing order dated 17.10.2011 passed by Munsiff, Kathua in a case titled Gurdev Ram v. Surinder Singh (hereinafter for short as impugned order) by virtue of which preliminary issue was decided in favour of plaintiff and against the defendant on the grounds taken in the memo of petition.

(2.) It appears that respondents have filed a civil suit for permanent prohibitory injunction against the petitioner seeking a decree against the petitioner not to interfere in Khasra No.5 measuring 2 kanals 6 marlas, Khasra No.8, measuring 9 kanals 11 marlas and Khasra No.36 measuring 17 kanals 19 marlas situated in village Chak Riju. The petitioner in his written statement took a specific plea that since the suit land is a land defined in the Agrarian Reforms Act and the same is in possession of the petitioner for the last more than 20/21 years. Issues were framed and issue No.1 was treated as preliminary issue and after hearing the parties, trial court vide its order dated 17.10.2011, decided the said issue against the petitioner and in favour of respondents on the ground that where owner is in possession of suit property and if his possession is threatened by a person without any right, the civil court has the jurisdiction to try such suit irrespective of the fact that subject matter of the suit land is covered by the Act. It is this order, which is called in question in the present petition.

(3.) Precisely, the case of the petitioner is that impugned order has been passed in hot haste; without application of mind and without taking into consideration the grounds taken by the petitioner-respondent in the written statement.