DILEEP KUMAR RAINA Vs. UT OF J&K

JUDGEMENT

(1.) Applicants/petitioners have filed this petition/application seeking transfer of petition, titled, Mohammad Shaban and others vs Union Territory of J&K and others, bearing CM(M) No.95/2024, CM No.1705/2024, filed under Article 227 of the Constitution of India, from Srinagar Wing to the Jammu Wing of this Court.

(2.) The facts leading to the filing of this application are that respondents 4 to 7 herein had filed a suit with respect to the land, measuring 17 kanals and 2 marlas, comprised under Survey Nos.24, 25, 30, 31, 36, 37, 38, 40, 41, 42, 43, 49, 196/34, 226/33, situated at Village Sarab, Tehsil Shopian (now Keegam), District Shopian against some persons, namely, Triloki Nath, Soom Nath and Rattan Lal on the ground that their adverse possession had ripened into title and, therefore, they be declared as owners of the said land. It is averred that no summons were issued to the defendants therein and by impersonation a compromise was manipulated and produced before the Court. Accordingly, a decree was drawn by the Court of Munsiff, Pulwama in terms of the said compromise and respondents 4 to 7 herein were declared as owners of the said land. It is averred that the predecessors of applicants 1 to 5 and 7 to 9 as also applicant No.6 had already migrated to Jammu, so they had no knowledge of the said suit nor they ever appeared before the Court at Pulwama. It is further averred that Triloki Nath, Soom Nath and Rattan Lal had filed an application before the said court for cancellation of the decree based on the forged compromised and also filed an application before the High Court for transfer of the same at Jammu due to the threat perception. The application for transfer of said suit came to be allowed and the suit was transferred to Munsiff Court, Jammu. It is averred that during the pendency of the proceedings in the said suit, Triloki Nath and Soom Nath died and applicants/petitioners 1 to 5 and 7 to 9 respectively were substituted in their place. Further, it is averred that the compromise decree passed by the Munsiff Court, Pulwama came to be set aside. Thereafter, the defendants-applicants herein filed their written statement and the Court of learned Munsiff vide order dtd. 14/8/2014 appointed Tehsildar concerned as receiver of the property. Ultimately, vide order dtd. 16/11/2023 the suit came to be dismissed and the receiver was directed to hand over the possession of the property to the defendants-applicants herein. Accordingly, the receiver delivered the possession of the property to the defendants-applicants herein vide order dtd. 14/2/2024. Feeling aggrieved, the plaintiffs-respondents 4 to 7 herein have challenged the order dtd. 16/11/2023 and 14/2/2024 before the Srinagar Wing of this Court.

(3.) Now, the defendants-applicants herein have filed the instant petition/application for transfer of the petition, titled, Mohammad Shaban and others vs Union Territory of J&K and others, bearing CM(M) No.95/2024, CM No.1705/2024, filed under Article 227 of the Constitution of India, from Srinagar Wing to Jammu Wing of this Court on the ground that the applicants are migrants from Kashmir Valley due to the threat perception, therefore, are scared of pursuing their case in the Kashmir Wing of the High Court. It is further averred that due to the threat perception, the suit filed by the plaintiffs/respondents herein came to be transferred from Munsiff Court, Pulwama to Jammu on the basis of the order passed by the High Court. It is further averred that the case was contested at Jammu for almost two decades and the suit also came to be dismissed at Jammu on 16/11/2023. The plaintiffs, respondents 4 to 7 herein, instead of challenging the said order at Jammu have challenged the same at Srinagar Wing of the High Court through the medium of CM(M) No.95/2024 despite the fact that the applicants herein have been facing threat perception at Srinagar.