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2024 Supreme(J&K) 60

JAVED IQBAL WANI
Sakshi Khurana, D/o. Lt. Rohin Khurana – Appellant
Versus
Raj Kumar, S/o Sh. Teerath Ram – Respondent


Advocates Appeared:
For the Appellant : Mr. Sachin Gupta.
For the Respondents: Mr. Sunil Datt Shama.

ORDER :

1. Supervisory jurisdiction of this Court enshrined under Article 227 of the Constitution of India is being invoked by the petitioner for setting aside order dated 14.09.2013 (for short ‘the impugned order’) passed by the court of 1st Additional Munsiff (Forest Court), Jammu (for short ‘the trial court’).

2. The facts giving rise to the filing of the instant petition would reveal that the respondent No. 1 herein, filed a suit for ejectment of a premises compromising of one shop in the ground floor, four rooms, store, kitchen, bathroom and veranda on the first floor of a building situated at Mohalla Raghunath Pura, Jammu, initially against the grandfather of the petitioner herein, namely, Kartar Singh Khurana.

3. During the pendency of the suit, the said Kartar Singh Khurana died whereupon his legal heirs including the father of the petitioner herein came to be substituted and impleaded as defendants.

4. The suit came to be decreed by the trial court in terms of the judgment and decree dated 30.11.2012, the operative portions of which judgment and decree being relevant herein are extracted and reproduced hereunder:-

    “Judgment: In view of the detailed findings returned on issu

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