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JAVED IQBAL WANI
Daya Krishan Wali – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
1. Through the medium of the instant appeal, the appellant herein seeks setting aside of order dated 10.01.2018 passed by the Court of Additional District Judge, Jammu, whereby the plaint of the appellant has been returned for its presentation before the competent court of jurisdiction.
2. A suit for permanent prohibitory and mandatory injunction came to be filed by the appellant herein against the respondent No. 1 before the court of Additional District Judge, Srinagar in respect of land measuring 09 kanals and 10 marlas underneath and appurtenant to Hotel namely “Golf View Hotel” at Gulmarg District Baramulla. Upon presentation of the suit the trial court in terms of the impugned order has returned the plaint noticing that the subject matter of the suit being immoveable property does not fall within its territorial jurisdiction as envisaged under Section 16 of the Code of Civil Procedure. Thus, expressed its inability to adjudicate upon the suit.
3. During the pendency of the instant appeal, an application came to be filed by respondents Nos. 2 and 3 herein for impleadment as party respondents in the appeal claiming an interest and right in the property in question. This
The main legal point established in the judgment is that the court has no power to decide on rights and interests in immoveable property not situated within its territorial jurisdiction, as mandated ....
The central legal point established in the judgment is that the territorial jurisdiction of a court to entertain a suit for immovable property is determined by the location of the property as per Sec....
The central legal point established in the judgment is the application and interpretation of Section 17 of C.P.C. in cases involving immovable properties situated within the jurisdiction of different....
Jurisdiction over immovable property cannot be altered by agreement; the local court where the property is situated retains jurisdiction.
A suit claiming jurisdiction based on receipt of termination notice is invalid if the associated contract's termination occurs outside the jurisdiction of the court.
The main legal point established in the judgment is the significance of the location of the immovable property and the relief sought in determining the territorial jurisdiction for a suit for specifi....
Jurisdiction under Section 16 of CPC mandates that actions affecting property must be brought in the court where the property is situated, irrespective of contractual jurisdiction clauses.
The main legal point established in the judgment is that a "suit for land" should be filed in the court within whose jurisdiction the land is situated, as determined by Clause 12 of the Letters Paten....
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