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2021 Supreme(J&K) 74

Bashir Ahmad Sofi – Appellant
Versus
Noora – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Azhar Ul Amin, Sr. Advocate with Ms. Siyab Sumaira, Advocate
For the Respondent:Mr. N. H. Shah, Sr. Advocate with Mr. Faheem Nissar, Advocate

JUDGMENT :

1. Heard.

2. Admit.

3. Post Admission notice waived by Mr Faheem Nissar Advocate.

4. With the consent of the learned senior counsels, the appeal is taken up for final disposal.

5. The present appeal has been filed against the order dated 22.02.2021 passed by the Principal District Judge, Baramulla (hereinafter to the referred as the trial court), by virtue of which application filed by the respondent Nos. 1, 5, 6 and 7 under Order VII Rule 11 of the Code of Civil Procedure (CPC) has been allowed and the plaint of suit filed by the appellant herein, titled, “Bashir Ahmad Sofi vs Mst. Noora and others” has been rejected.

6. The appellant has impugned the aforesaid order on the ground that the learned trial court has erred in holding that the appellant had the knowledge about the gift deeds and/or has challenged the same beyond limitation and the learned trial court on its own has assumed the knowledge on the part of the appellant with regard to the gift deeds. Further, the appellant has challenged the order on the ground that the learned trial court has wrongly rejected the plaint as there were triable issues and also both the issues of limitation as well as issue of possession

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