MANMOHAN SINGH GOURI Vs. RAMAN RAI

JUDGEMENT

(1.) THIS order will govern the three revision petitions bearing Nos. 12/2003, 13/2003 and 14/2003 presented by Mr. Z. A. Shah. These revision petitions are against the order of learned Additional District Judge, Srinagar dated 31st October, 2001, whereby the application presented by the defendant/petitioner herein for staying the proceedings in terms of the Jammu and Kashmir Migrant (Stay of Proceedings) Act 1997 (hereinafter referred as Act) stands rejected.

(2.) AGGRIEVED by the said order, the petitioner herein has challenged the said order on the grounds taken in the revision petition. The main ground is that respondent Krishan Rao has not migrated after 1989 but has shifted his main office of business out of Jammu and Kashmir State prior to the year 1985.

(3.) THE petitioner stands recognized as migrant and accordingly, petitioner moved an application for staying the proceedings against the petitioner and other defendants. That both the parties are not migrants in terms of Jammu & Kashmir Migrants (Stay of Proceedings) Act and the proceedings are to be stayed.