BHUSHAN LAL Vs. MAKHAN LAL RAINA

JUDGEMENT

(1.) THIS Civil Revision is directed against Additional District Judge, Jammu's Order dated 22 -08 -2005 affirming Second Additional Munsiff, Jammu's Order dated 04 -10 -2004 affirming ex -parte interim order dated 09 -06 -2004 staying the operation of Special Power of Attorney executed by the petitioners in favour of respondent Nos. 2 to 7, on 24 -05 -2004 and registered on 26 -05 -2004, during the pendency of the suit.

(2.) MR . Nirmal Kotwal, learned Counsel for the petitioners, submitted that in view of the specific averment of plaintiff Makhan Lal in the plaint that he was a migrant, his suit for declaration seeking annulment of the Special Power of Attorney executed by the petitioners in favour of respondent Nos. 2 to 7 was not cognizable by the Civil Courts in view of the provisions of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 and consequently, no injunctive relief could be granted by the trial court staying the operation of the Special Power of Attorney. He submits that the impugned orders of learned Second Additional Munsiff, Jammu and Additional District Judge, Jammu were illegal and without jurisdiction, warranting interference by this Court under Section 115 of the Code of Civil Procedure.

(3.) I have considered the submissions of learned Counsel for the parties and gone through the provisions of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.