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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
Sindhu Sharma, Shahzad Azeem, JJ
Ghulam Rasool Mistri – Appellant
Versus
State of J&K and ors – Respondent
| Table of Content |
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| 1. appeals arise from a common judgment dismissing various ownership claims. (Para 1 , 5) |
| 2. claimants assert ownership based on possession yet face legality issues due to the statute. (Para 6 , 10 , 22) |
| 3. re-litigation of claims under an unconstitutional statute is an abuse of court process. (Para 20 , 21 , 23) |
| 4. court's finding that without lawful title, claims are dismissed. (Para 24 , 26) |
(JUDGMENT)
Shahzad Azeem-J
1. These intra Court Appeals have been directed against the common judgment dated, July 24, 2018 passed by the learned Single Judge (“the writ Court”) in OWP No. 809/2013 titled Ghulam Rasool Mistri Vs. State of J&K and ors; OWP No. 1784/2012 titled Ghulam Rasool Mistri Vs. State of J&K and ors; and OWP No. 1166/2016 titled Srinagar Municipal Corporation Vs. Gulla Sheikh and ors., respectively. The writ Court, vide impugned judgment has dismissed the writ petitions being; OWP Nos. 809/2013 & 1784/2012, whereas, OWP No. 1166/2016 was allowed, thereby set aside the order dated 07.07.2015 passed by the Financial Commissioner in File No. 3/FC-AP, titled Gul Sheikh and others vs. Assistant Commissioner (Revenue), Srinagar and another.
2. At the outset, it is si
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