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JAMMU AND KASHMIR HIGH COURT
Judge, J
Intizamia Committee Masjid Sharief v. Mohamad Amin Wani and Others
| Table of Content |
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| 1. civil 2nd appeal initiated. (Para 1 , 2) |
| 2. trial court's lack of jurisdiction upheld. (Para 3 , 4 , 8) |
| 3. facts established wakf property status. (Para 5 , 6) |
| 4. debate over returning plaint under order vii rule 10 cpc. (Para 10 , 11 , 12) |
| 5. jurisdiction of civil courts barred under the act. (Para 19 , 20 , 21) |
| 6. final conclusion is dismissal of appeal. (Para 22 , 23) |
1. This is a Civil 2nd Appeal.
2. Heard. I have perused the record.
3. The question raised in this appeal is whether the trial Court after finding lack of jurisdiction to hear the suit should have returned the plaint to the appellant (plaintiff) in terms of the Order VII R.10 CPC?
4. Ld. trial Court has dismissed the suit for want of jurisdiction and Id. 1st Appellate Court has upheld the order.
5. Briefly, facts relevant for this appeal are that appellant filed a suit before the Id. Sub-Judge, Kulgam seeking declaratory decree, declaring that the land measuring 02 kanals 09 marlas falling under survey No. 123 min of village, Munand Goffan, Tehsil; Kulgam is Wakaf property and respondents (defendants) have no right to make any encroachment in that land. Respondents contested this suit contending inter alia
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