FAROOQAHMAD MIR Vs. NISAR AHMAD WANI

JUDGEMENT

(1.) The petitioner herein has invoked the supervisory jurisdiction of this court enshrined in Article 227 of the Constitution for setting aside order dtd. 9/3/2023 passed by the court of Civil Judge/Munsiff Chadoora in case titled as "Nisar Ahmad Wani and others versus Farooq Ahmad Mir and others.'

(2.) Before addressing to the issues raised in the instant petition, the facts those emanate from the petition would reveal that the respondents herein filed a suit for declaration and injunction against the present petitioner impleading him as a contesting respondent besides one Nisar Ahmad Bhat and Parvez Ahmad Bhat impleaded as proforma defendants in respect of a parcel of land measuring 5 kanals and 12 marlas covered under survey no. 342 situated at Kanipora tehsil B. K. Pora, Budgam. The petitioner herein being defendants in the suit, filed written statement thereto as also a counter claim.

(3.) During the pendency of the suit, the plaintiffs/respondents herein withdrew their suit unconditionally which resulted into registering of the counter claim filed by the defendant petitioner herein as a suit and transposition of original plaintiffs as defendants therein. In the counter claim/suit the defendant petitioner herein averred that the land in question had been agreed to be sold to him by the defendants/respondents herein against a consideration of Rs.60.00 lakhs in the year 2017 and that the possession of the land also came to be delivered to him by the original defendants/respondents herein, whereafter the petitioner herein developed and improved the suit land, constructed a road through it, raised a stone plinth as also a boundary wall around it. The petitioner herein is stated to have paid a sum of Rs.40.00 lakhs to the defendants/respondents herein as advance sale consideration having agreed to pay the rest of the consideration amount at the time of the execution of the sale deed. The petitioner herein in the counter claim had also averred to have sold 7 marlas out of the said land to the defendants 2 and 3 being the original proforma defendants in the original suit who are stated to have raised construction of a residential house thereon.