MOHAMMAD SHABAN GANAI Vs. MUSHTAQ AHMAD RATHER

JUDGEMENT

(1.) The appellants, through the medium of present appeal, have challenged order dtd. 20/10/2020, passed by the learned Principal District Judge, Budgam, whereby application filed by them under Order 39 Rule 1 and 2 CPC has been dismissed.

(2.) It appears that the appellants had filed a suit for preemption in respect of land measuring 01 kanal bearing Survey No.361/124 situated at Village Aaribagh Tehsil Chadoora, for exercising their right of prior purchase against their co-sharer, Mst. Farzi, who had sold the said land to one Mohammad Abdullah Sheikh. Vide judgment and decree dtd. 19/2/2007 passed by learned Sub Judge, Budgam, the aforesaid suit was decreed in favour of the appellants and the defendants in the suit i.e. Mst. Farzi and Mohammad Abdullah Sheikh, were directed to deliver possession of the land in question in favour of the appellants.

(3.) It seems that after the passing of aforesaid judgment and decree by learned Sub Judge, Budgam, the respondent herein purchased the land in question by virtue of sale deed dtd. 5/10/2007 and came into possession thereof. It also appears that the respondent filed a civil suit during the pendency of the execution proceedings seeking a declaration and permanent injunction against the appellants and one Mohammad Ashraf Baba. The respondent prayed for a declaration that decree dtd. 19/2/2007 is null and void, with a further declaration that he is owner in possession of the suit land.