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2021 Supreme(J&K) 655

TASHI RABSTAN
Samitra Devi – Appellant
Versus
Kumar Kotwal – Respondent


Advocates Appeared:
For the Appellant : Mr. G.S. Thakur.
For the Respondent: Mr. R.D. Singh Bandral, Mr. Vikram Rathore.

JUDGMENT :

1. Through the medium of this appeal, the appellant seeks setting aside of the order dated 17.09.2021 passed by the court of learned Principal District Judge, Bhaderwah (for short the “Trial court”) in a civil suit titled “Samitra Devi vs. Shree Kumar Kotwal and others”, whereby dismissed the application for grant of stay, on the grounds tailored therein.

2. It is contended in the appeal that the appellant filed a civil original suit for declaration with permanent prohibitory injunction to the effect that the appellant by virtue of document executed by her husband late Krishan Lal and his brothers namely Shree Kumar Kotwal and Om Kumar Kotwal way back in the year 1967 in favour of the appellant, is the absolute owner in continuous peaceful possession and occupation of land bearing Khasra No. 1456 measuring 1 kanal 14 marlas situated at revenue village Udrana, Tehsil Bhaderwah. It is averred that since the appellant who is in cultivating possession of the suit land, the respondent No. 1 filed a petition for partition before the Tehsildar, Bhaderwah seeking the relief of partition of the land in different khasra numbers, as such the respondents have no right to maintain thei

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