NAZIR HUSSAIN KHAN Vs. KHALID HUSSAIN KHAN

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking setting aside of order dtd. 30/11/2018 passed by learned Sub-Judge (CJM), Poonch by virtue of which application of the petitioner for impleading him as party defendant in a suit filed by the respondent herein against the State has been dismissed.

(2.) The case of the petitioner is that litigation between the petitioner and the respondent (defendant therein) is already going on in Revenue Court as the judgment passed by the Collector Agrarian Reforms (SDM) Mendhar dtd. 21/6/2016 has been challenged by the respondents before the Deputy Commissioner District Collector, Poonch by way of filing an appeal, which is pending adjudication. It is stated that during the pendency of this appeal, the respondent filed a civil suit before the Sub Judge (CJM) Poonch for permanent prohibitory injunction without impleading the petitioner herein as a party respondent therein. It is further stated that on coming to know about the pendency of the suit, petitioner moved an application before the court below, but the Sub-Judge (CJM), vide order dtd. 30/11/2018 rejected the said application of the petitioner without appreciating correct position of law and fact that already litigation between the petitioner and respondent herein is pending before the Deputy Commissioner District Collector, Poonch. It is further stated that prior to filing of suit by the respondent herein, petitioner filed an application before the SDM Collector, Agrarian Reforms Jammu against the respondent for restraining him from raising construction over the suit land falling in Khasra No.1202/555 situated at village Gholad Tehsil Mendhar, District Poonch, being State land.

(3.) Learned counsel for the petitioner states that on 21/6/2016 the Collector Agrarian Reforms (SDM), Mendhar categorically held that mutation copy produced by the respondent herein before him is a forged and fabricated one which is required to be cancelled.