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HIGH COURT OF JAMMU AND KASHMIR
HON’BLE MR. JUSTICE SANJAY DHAR, J
J&K Housing Board through its Managing Director – Appellant
Versus
Smt. Harbans Kour Wd/o Shri Karan Singh – Respondent
| Table of Content |
|---|
| 1. jurisdictional bar of civil courts established under section 44. (Para 1 , 6 , 8 , 10) |
| 2. plaintiffs claim ownership while defendants allege encroachment. (Para 2 , 4 , 13) |
| 3. purpose of notice under the act for conflict prevention. (Para 20 , 22 , 24) |
JUDGMENT
1) This appeal is directed against judgment dated 03.05.2010 passed by the learned Additional District Judge, Jammu (hereinafter to be referred as “the 1st Appellate Court”), whereby an appeal filed by the respondents against order dated 20.02.2010 passed by the learned Sub Judge (CJM), Jammu (hereinafter to be referred as “the trial court”) has been allowed and the judgment passed by the trial court has been set aside.
2) The facts leading to the filing of the instant appeal are that respondents/plaintiffs had filed a civil suit against appellant/defendants before the trial court seeking permanent prohibitory injection restraining the defendants from interfering ino the land measuring 19 marlas, comprised under survey No. 314 min situated at Thangar Tehsil Jammu. It was pleaded by the plaintiffs that they have purchased the land in question by virtue of a sale deed dated 18.08.1988 and a mutation bearing No
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