JUDGEMENT

1. This Petition arises from the order dated 08.12.2022 delivered by the Court of Principal District Judge, Budgam. The Supervisory jurisdiction of this Court under Article 227 of the Constitution of India has been invoked for challenging the order, supra.

FACTS

2. The Respondent has instituted a suit being number 'File 122/N' challenging the family settlement deed executed on 15th July, 2012 and registered on 19th July, 2012 with further consequential reliefs. The Respondent made the following averments in the plaint:-

(i) The mother of the Respondent was divorced by the Petitioner No. 1. At the time of pronouncement of divorce, a consensus was made between the mother of the Respondent and the Petitioner No. 1, whereby and whereunder, 12 Kanals and 7 Marlas of land were gifted to the Respondent by Petitioner No. 1. It has been further pleaded in the suit that the 12 Kanal & 7 Marlas land fall under different survey numbers viz. Survey No. 644/307 (18 Marlas), Survey No. 41 (2 Kanal and 15 Marls), Survey No. 21 (1 Kanal and Half Marla), Survey No. 131 (13 Marlas), Survey No. 132 (10 Marlas), Survey No. 386 (2 Marlas), Survey No. 303 (1 Kanal 10 Marlas), Survey No. 304 (1 Kanal 15 Marlas), Survey No. 644/302 (10 Marlas), Survey No. 17 (7 Marlas), Survey No. 518 (13 Marlas), Survey No. 582/42 (12 Marlas). Further it has been pleaded that the said land is situated at village Agrikalan, Tehsil Pattan.

(ii) Also, after negotiations, the possession of the land, supra and the residential house measuring 13ft. x 35 ft. and three shops measuring 10 ft. x 5 ft. situated under Survey No. 138 at village Agrikalan were also given to the Respondent and the Respondent is enjoying the physical possession of the land, residential house and three shops; however, the Petitioner No. 4 has now illegally taken possession of 18 Marlas of land falling under Survey No. 644/307, situated in village Agrikalan, Tehsil Pattan.

(iii) In 2012, the Petitioner No.1 behind the back of the Respondent executed a family settlement deed on 18th July, 2022 and the same has been registered on 19th July, 2022 before Sub-Registrar, Magam; it has been pleaded that the purpose of execution of the impugned family settlement is to disentitle the Respondent from 18 Marlas of land falling under Survey No. 644/307 situated in village Agrikalan. It is also been pleaded that the Petitioner No. 1 has concealed a fact that Respondent is his real son and this concealment will render family settlement deed non est in law, as such deserved to be declared null and void.

(iv) It has been pleaded, that the Respondent has discharged the duties of son towards his father i.e., Petitioner No. 1 and has been the obedient son and his father never has any complaints with him; also, Respondent has treated the Petitioner No. 2 & 3 as his own brothers and has also treated Respondent No. 4 to 6 as his own sisters, however, on the contrary the Petitioners have executed a family settlement deed which shall disentitle the real son i.e. the Respondent from the property to which he is legally entitled.

(v) It has been pleaded, that the acts of Petitioners are unfortunate and against the shariat and settled Principals of law; also, it has been pleaded that Petitioner No. 1 has already gifted the property, supra to the Respondent and thus the Petitioners have no right to execute a family settlement deed viz-a-viz the land, supra as the Respondent is in the exclusive physical possession of the said land.

(vi)