JAHANGIR IQBAL TANTRAY Vs. FARMEEDA AKHTAR

JUDGEMENT

(1.) As Benjamin Franklin once remarked - "great haste makes great waste", the courts while endeavouring to deliver speedy justice, must never deny justice in overzealousness to dispose cases.

(2.) Challenge in this Civil Miscellaneous Appeal in terms of Order XLIII of Code of Civil Procedure, 1908 ("Code" for short) has been thrown to order dtd. 10/9/2022 propounded by the Court of learned Principal Judge Family Court, Srinagar (hereinafter referred to as "trial court") in case No.2782/2022 titled "Jahangir Iqbal Tantray vs. Farmeeda Akhtar", vide which learned trial court has returned the suit filed by the appellant for presentation before the court of competent jurisdiction.

(3.) Shorn of verbosity, factual matrix of the case set out by the appellant in the trial court is that appellant preferred a suit for declaration and permanent injunction for a decree of declaration that the divorce pronounced by him upon the respondent on 22/4/2022 had attained finality after the expiry of three months period, a decree of declaration declaring that the respondent/defendant has no right or claim in the landed property measuring 21 marlas bearing Survey No.10 (Old 3) Khewat No.162/157 situate at Mouza Habak Khushki, Srinagar, Kashmir, purchased by him in 2013 after raising loan from the State Bank of India, Srinagar, a decree of declaration declaring that respondent/defendant has no right, claim or interest upon the house situate at Loren Mandi, Poonch, Jammu, constructed by him after raising loan from the J&K Bank, Srinagar, and a decree of permanent prohibitory Injunction restraining the respondent/ defendant from interfering or causing interference into his peaceful and smooth life.