NOOR MOHAMMAD KHAN AND OTHERS vs STATE OF JK AND OTHERS.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(JK) 588

HIGH COURT OF JAMMU AND KASHMIR
NOOR MOHAMMAD KHAN AND OTHERS – Appellant
Versus
STATE OF JK AND OTHERS. – Respondent

ORDER :

1. This civil first appeal (CFA) under section 96 read with Order 41 of the Jammu and Kashmir Civil Procedure Code Svt, 1977 is on the docket of this Court lasting now more than nine years in running.

2. The plaintiffs are the appellants in the present appeal being aggrieved of the judgment and decree dated 10.12.2014 passed by the Court of learned Pr. District Judge, Baramulla, whereby the civil suit filed by them on file No. 30/Civil on 31.01.2011 came to be dismissed.

3. Seventy-one plaintiffs had joined together to institute the aforementioned civil suit for purportedly earning to have a decree for damages and mandatory injunction for arrears of relief.

4. In the civil suit, the defendants were the State of Jammu and Kashmir (as it was then) and its officials for the purported cause of action for the seventy-one plaintiffs to lay the civil suit was an earthquake incident of October, 2005 which had left the Kashmir region badly affected causing loss of life and damage to the properties.

5. The plaintiffs in the civil suit came to aver and allege that said earthquake damaged their houses same suffering partial as well as full damage which entitled them to claim damages and the

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