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1971 Supreme(J&K) 19

MIAN JALAL-UD-DIN
Khurshid Ahmad – Appellant
Versus
Mohd. Bashir Ahmad – Respondent


Advocates Appeared:
Advocate For Appellant: S. Lal
Advocate For Respondent: S.L. Kaul
Advocate For Respondent: N.L. Hak
Advocate For Respondent: M.L. Bhat

ORDER: - This is a revision petition is directed against the orders dated 10-11-1969 and 15-12-1969 passed by the District Judge Srinagar assuming jurisdiction proceedings under Succession (Property Protection) Act of 1977 (hereinafter called the Act) and appointing a curator under Section 4 of the Act.

2. On an application made by the present respondents under Sections 1 and 3 of the Act that Kh. Mohd. Maqbool the decreased had left huge movable and improperly and that the respondents were his heirs and that the present petitioners before this court were misappropriating the property changing its condition and intending to forcibly deprive the respondents from enjoying the fruits of inheritance, the learned District Judge after recording his satisfaction that there were strong grounds for proceeding and determining the rights summarily under the Act issued notices to the petitioners, and with a view to preserve the property from being misappropriated appointed a curator under Section 4 of the Act. The petitioners appeared before the District Judge and by means of a petition challenged the jurisdiction of the court to take cognizance of the matter. The application was disposed of












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