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HIGH COURT OF JAMMU AND KASHMIR
MR. JUSTICE JAVED IQBAL WANI, J
SADATI AL HUSSAINI AL JALALI TRUST – Appellant
Versus
QASIM GANAIE AND OTHERS – Respondent
| Table of Content |
|---|
| 1. facts leading to legal challenge. (Para 1 , 2) |
| 2. petition challenges trial court orders. (Para 3 , 4) |
| 3. relevant procedural laws discussed. (Para 5 , 6 , 7) |
| 4. court's decision on jurisdictional errors. (Para 8) |
| 5. final ruling restoring the suit. (Para 9 , 10) |
ORD ER
03.05.2024 Oral:
1. The instant petition has been filed by Sadat Ai-Hussaini Al-Jalali, Trust, Srinagar (Kashmir) (for short the Trust) through its authorized representatives namely Syed Muzaffar Jalali & Syed Mehmood Jalali against orders dated 16th June, 2015 and 17th September, 2018 passed by the court of City Munsiff, Srinagar and First Additional District Judge, Srinagar (hereinafter for short the Trial and the Appellate court respectively).
2. Facts giving rise to the filing of the instant petition reveal that a suit for permanent prohibitory injunction came to be filed by the Trust through a Trustee against the defendants respondents herein pertaining to a graveyard situated at Zoonimar before the Trial Court, wherein the defendants/respondents herein appeared and filed written statement to the suit, whereafter the Trial Court framed various issues, and before evidence could be led by the plaintiff
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