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2015 Supreme(J&K) 628

HASNAIN MASSODI
Mohd. Maqbool Bhat – Appellant
Versus
Rafiqa & Ors. – Respondent


Advocates:
For the Appellant(s)/Petitioner(s):Mr. G.M.D. Baba, Advocate.
For the Respondent(s):Mr. Javid Hamid, Advocate.

JUDGMENT

1. Challenge is to orders of Joint Financial Commissioner (AR) dated 20th August 2009, whereby revision petitions, titled Mst. Rafiqa v. Mohd. Maqbool Bhat (File No. 390/Jt.FC/App) and Mst. Rafiqa v. Mohd. Maqbool Bhat and others (File No. 391/Jt.FC/App), have been accepted and mutation order no. 587 dated 21st January 1989 and mutation order no. 2453, dated 2nd July 1996, set-aside, and matter remanded to Tehsildar, Ganderbal, for fresh orders. Petitioner also calls in question order dated 9th June 2010, passed by J&K Special Tribunal in appeal titled Muhammad Maqbool Bhat v. Mst. Rafiqa, whereby appeal against order of Joint Financial Commissioner (AR) has been held not maintainable.


2.1 have gone through pleadings as also record available on record, and have heard learned counsel for parties.


3. From perusal of record, it transpires that Sultan Bhat son of Nabir Bhat resident of Chaundina Tehsil Ganderbal, passed away, sometime before dispute regarding his estate cropped up, leaving behind a son and six daughters. Petitioner is son of deceased and respondents 1 to 6 are his daughters. Sometime after demise of Sultan Bhat, mutation in respect of his estate at Tulmulla was a





























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