GH NABI BHAT Vs. PRAN NATH

JUDGEMENT

(1.) RESPONDENTS are not present. They are set ex -parte.

(2.) ORDER dated 14.07.2006 passed by learned 2nd Additional Munsiff, Srinagar, is under challenge. By virtue of order impugned, learned court below has stayed the proceedings of the suit in terms of Section 3 of Jammu and Kashmir Migrant (Stay of proceedings) Act, 1997 (hereinafter to be referred as "Act").

(3.) LEARNED counsel for the petitioners projected that court below without adhering to the object of relevant provisions has in a cryptic manner passed the order which has got no basis. For appreciating the controversy in its right perspective, it shall be quite relevant to make mention of factual matrix of the case precisely. Petitioners have filed suit for redemption of mortgaged land under survey No. 898 -Min, 01 kanal and 16 marlas, 896 -Min, 01 kanal and 6 Marlas situated at Gupt Ganga,Srinagar. Respondents (defendants) 1,2 4 & 5, have filed written statement, wherein, alongwith other facts it has been contended that they are migrants. They were residents of Srinagar but consequent to emergence of militancy and on account of threat to their lives, they migrated to New Delhi, therefore, they are migrants. Proceedings of the suit in accordance with the provisions contained in Act are liable to be stayed. Respondent (defendant no.3) filed a separate written statement and has also projected preliminary objection i.e the respondents (defendants) 1, 2, 4 and 5 are migrants, therefore, the Act shall apply. Learned court below vide its order dated 14. 07. 2006 has framed the issue as to whether the suit is hit by Section 3 of the Act or not. After hearing the parties, learned court below has passed the order impugned.