RAJA Vs. KHATIJA

JUDGEMENT

(1.) NOBODY has appeared in this case on last date of hearing. No one is present today also.

(2.) IN this revision petition, order dated 15th of October, 2008 passed by learned Sub -Judge, Badgam is called in question, whereby and whereunder learned trial Judge in exercise of its powers under section 151 of C.P.C has directed the parties to maintain the position of subject matter of the suit land obtaining on spot on the date of issuance of impugned order. This order has been kept operational till further orders or till disposal of the suit.

(3.) IT appears that suit for declaration and injunction was instituted by respondents against petitioner in respect of land which includes both the shamilat land and kah -charai land. Petitioner has stated in the revision petition that he had filed an application under order 7 Rule 11 seeking rejection of the plaint on the ground that learned civil court is lacking jurisdiction because of bar contained in J&K Agrarian Reforms Act and J&K Land Revenue Act. The learned trial court, however, without considering the application of the petitioner passed the impugned order.