ZAMROODA BANO Vs. FAROOQ AHMAD NAJAR

JUDGEMENT

(1.) The petitioner has challenged order dtd. 26/4/2024 passed by 2nd Additional Munsiff, Srinagar, whereby her application seeking rejection of amended plaint filed by respondents No.1 to 4 has been dismissed.

(2.) It appears that the respondents No.1 to 4 (hereinafter referred to as "the plaintiffs") had filed a suit for partition, declaration, possession and permanent injunction against the petitioner and proforma respondents (hereinafter referred to as "the defendants") before the Court of 2nd Additional Munsiff, Srinagar (hereinafter referred to as "the trial court").

(3.) In the suit, the plaintiffs had pleaded that they happen to be the brother and sisters of Late Abdul Rashid Najar whereas defendant No.1 happens to be his wife. According to the plaintiffs, Abdul Rashid Najar expired on 15/11/2021 leaving behind plaintiffs and defendants as his only legal heirs. It was pleaded that the deceased Abdul Rashid Najar left behind a shop in Janglat Gali at Court Road, Lal Chowk, Srinagar, and half share in a four storeyed residential house along with land underneath and appurtenant thereto situated at Shah Kadal/Watal Kadal, Safa Kadal, Srinagar, falling under Khasra No.1243. It was pleaded that the aforesaid property has devolved upon the legal heirs of deceased Abdul Rashid Najar and, as such, the plaintiffs and the defendants are entitled to shares in the said property in accordance with Muslim Personal Law relating to inheritance. On the basis of these assertions, the plaintiffs sought a decree of partition in respect of the aforesaid property with a mandatory injunction directing defendant No.1 (petitioner herein) to deliver possession of due share of the suit property in their favour with a permanent prohibitory injunction restraining the defendants from alienating or disposing of the suit property.