HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 01.08.2025 Pronounced on: 22.08.2025 Case FAO No. 8/2024 No.:- c/w CR No. 9/2024 Rajiv Krishan Nanda …..Appellant Through: Mr. Jayant Bhushan, Sr. Advocate with Mr. Mujeeb Fazili, Advocate.

Appellant is present in person.

Vs Praveena Hoon & ors.

.…. Respondents Through: Mr. Abhik Chimney, Advocate with Mr. Sheikh Omar Farooq, Advocate for R-1.

Mr. Mubashir Mukhtar, Advocate for R-2 & 3.

Coram: HON‟BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGEMENT

1. Through the medium of this common judgment, the revision petition filed by the petitioner/defendant No. 1 against order dated 15.09.2023 passed by the learned 4^th Additional District Judge, Srinagar whereby application of the petitioner under Order VII Rule 11 of the Code of Civil Procedure has been dismissed and the miscellaneous appeal filed by the appellant/defendant No. 1 against order dated 15.09.2023 passed by the learned 4th Additional District Judge, Srinagar whereby an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure filed by the respondent No. 1/plaintiff has been allowed and an interim injunction has been passed against the appellant/defendant No. 1, are proposed to be disposed of.

2. It appears that a civil suit for partition, declaration and permanent injunction came to be filed by the respondent No. 1 (hereinafter to be referred to as „plaintiff‟) before the learned 4th Additional District Judge, Srinagar (hereinafter to be referred to as „trial court‟). Appellant/petitioner (hereafter to be referred to as „defendant No. 1‟), and Smt. Sita Nanda-respondent No. 2 along with Jayanti Khanduri-respondent No. 3 came to be impleaded as defendants in the said suit.

3. In the plaint, it has been averred by the plaintiff that she along with the defendants are legal heirs of late Sh. J.B. Nanda. While the plaintiff, defendant Nos. 2 & 3 are the daughters, defendant No. 1 is the son of late Sh. J.B. Nanda and late Mrs. Krishna Nanda. It has been pleaded that late Sh. J.B. Nanda, predecessor-in-interest of the parties, died on 02.12.2001 and during his life time, he executed two Wills, one dated 16.10.1989 and the other dated 25.07.2001 whereby he bequeathed his ancestral as well as self-acquired properties amongst the parties to the suit.

4. It has been submitted that on 16.05.2022, the plaintiff and defendant No. 3 applied for mutation of the property measuring 3 kanals 14 marlas under survey No. 373/87 along with house constructed thereon called ‘Satwant Villa’ and ‘Willow Cottage’ situated at Sheopora, Ram Munshi Bagh, Srinagar. On 19.05.2022, Tehsildar, Srinagar attested mutation vide mutation No. 2049 in respect of the aforesaid property in equal proportions in favour of the plaintiff and the defendants.

5. An appeal came to be filed by defendants No. 1 and 2 against the aforesaid mutation order before Deputy Commissioner (Collector), Srinagar. It was contended by the aforesaid defendants that mutation of the properties should be carried out in terms of the Will dated 16.10.1989 and that mutation in respect of said property should be attested only in the name of defendant No. 1.

6. It has been pleaded that on 28.10.2022, the District Collector, Srinagar, without returning any findings on the merits of the case, remanded the case to the Tehsildar concerned for de- novo enquiry and for passing fresh orders in view of two Wills dated 16.10.1989 and 25.07.2001. It has also been pleaded that Will dated 25.07.2001 has to be considered as the last and final testament of late Sh. J.B. Nanda, but the original of the said Will has been destroyed by the defendant No.1, who refuses to accept the existence of the said Will. It has been pleaded that the defendant No. 1 is insisting that the property, immoveable and moveable assets of late Sh. JB Nanda, should be devolve upon the parties as per the terms of Will dated

16.10.1989.

7. It has been further pleaded that in the interest of family peace, harmony and tran