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2016 Supreme(J&K) 90

ALI MOHAMMAD MAGREY
Ashok Kumar – Appellant
Versus
Mohd. Yousuf Malik – Respondent


Advocates Appeared:
For the Petitioner:M. Moomin Khan, Advocate.
For the Respondent:Z.A. Qureshi, Sr. Advocate.

ORDER :

Ali Mohammad Magrey, J.

1. Petitioners have filed the petition invoking the jurisdiction of this Court under S. 104 of the Constitution of Jammu and Kashmir read with S. 151 of the Code of Civil Procedure (CPC) for quashing order dated 13-12-2013 passed by the learned Additional District Judge, Baramulla, in an application filed by the petitioners under O. VII, R. 11, CPC seeking rejection of the plaint in the suit titled Mohammad Yousuf Malik and another v. Ashok Kumar Bhat and others.

2. Briefly put, the case of petitioners 1 and 2 herein represented by their atorney, petitioner No. 3, is this : that petitioners 1 and 2 are migrants, presently residing at Udhampur. They own a single storied house along with land underneath and appurtenant thereto, measuring 11 Kanals and 16 Marlas, falling under survey No. 990/39, Khewat No. 14 and Khata No. 372, situated at Sopore, District Baramulla, Kashmir. The private respondents herein illegally claimed the transfer of aforesaid property in favour of private respondents 1 and 2 on the basis of execution of a power of attorney and agreement to sell fraudulently attributed to the petitioners, which, the petitioners aver, they have never















































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