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2021 Supreme(J&K) 271

Mohammad Ashraf Shah – Appellant
Versus
Zahoor Ahmad Shah – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. B.A. Bashir, Ms. Falak Bashir.

JUDGMENT :

ALI MOHAMMAD MAGREY, J.

1. By this Civil Revision, the petitioners challenge and seek setting aside the order dated 16.08.2021, for short impugned order, passed by the court of learned City Judge (Sub Judge), Srinagar, for short Trial Court, in a suit titled Zahoor Ahmad Shah vs. Mohammad Shafi Shah and Others, by virtue of which the trial court has granted permission to the respondent/plaintiff to amend the suit despite the fact that the main suit was not maintainable, on the grounds detailed out in the civil revision. The petitioner has further prayed that the suit be dismissed for want of cause of action and other legal grounds which the trial court has failed to appreciate for the last 17 years.

2. Briefly put the case of the petitioners is that in the year 1992 the respondent asked for his share of inheritance during the lifetime of his father, which was not legally permissible, however, on humanitarian grounds and due to intervention of family friends the petitioner no. 1, the mother of the petitioner no. 1, the late father of petitioners and the respondent entered into a settlement which was reduced into writing through a Surrender/Renunciation Deed duly registered b

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