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2021 Supreme(J&K) 35

Mohammad Shafi Mir – Appellant
Versus
Mohammad Sultan Mir – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Shafqat Nazir, Advocate

JUDGMENT :

1. In the instant petition, supervisory jurisdiction of this court invoked under Article 227 of the Constitution of India by the petitioners for quashment of order dated 31.12.2020 (for short impugned order) passed by the court of Munsiff, Sogam (hereinafter referred to as trial court), whereby an application for amendment of the plaint filed by the plaintiff respondent herein before the trial court has been allowed.

2. The petition is filed on the premise that the petitioners and respondent herein being related as brothers inherited the estate of father after his death as his legal heirs qua their respective shares which had accrued to them after the father during his lifetime partitioned the said estate/property. The respondent herein is stated to have been putting up as Khana Damad of one Ghulam Ahmad Mir son of Abdul Aziz Mir, having married his Khana Nisheen daughter Roshni Begum.

3. It is being stated that a time-barred suit came to be filed by the respondent herein for declaration, partition and permanent injunction before the trial court against the petitioners herein seeking therein a preliminary decree for partition, declaration and injunction. It is being stated

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