Mst Zoona Begum VS Ghulam Mohammad Sheikh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SANJAY DHAR
Mst Zoona Begum – Appellant
Versus
Ghulam Mohammad Sheikh – Respondent

Counsel for the Parties:
For the Petitioner:Mr. R.A. Jan, Sr. Advocate, with Mr. Adil Mushtaq, Advocate
For the Respondents:Mr. Arif Sikandar and Mr. Mir Umer, Advocates

JUDGMENT

The petitioner, through the medium of present petition, has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India for impugning order dated 12.04.2025 passed by the learned Civil Judge/Munsiff, Sogam, Kupwara (hereinafter for short “the trial court”), whereby the application of respondent No.2 seeking permission to raise construction on a portion of the suit property, has been allowed.

2. It appears that the petitioner/plaintiff has filed a suit for declaration, injunction and partition along with the relief of separate possession against the respondents/defendants in respect of land measuring 47 kanals and 01 marla comprised in various khasra numbers situated at Estate Surigam Lolab, before the learned trial court. In the plaint, the petitioner/plaintiff has alleged that the parties to the suit are the legal heirs of estate holder Ahmad Sheikh and after his death long time back, the parties have become joint owners in respect of the suit property. According to the petitioner/plaintiff, the suit property is unpartitioned and she being the rightful share holder of the suit property is entitled in law to claim her right to separate

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