JAMMU AND KASHMIR AND LADAKH HIGH COURT
Wasim Sadiq Nargal, J.
Sahil Gill v. Devasthan Maharishi Balmiki Virmarg
1. Brief Facts:
The instant petition under Art.227 of the Constitution of India has been filed by the petitioner, assailing the order dated 31.07.2025, passed by the learned 2nd Additional District Judge, Jammu in Civil Suit No. 10085CNRJKJ MO 20000011997, whereby the learned Trial Court declined to frame an additional issue relating to the alleged bar of the suit under Order II R.2 of the Code of Civil Procedure. The petitioner, who is the President of the Christian Beradri and a defendant in the said civil suit, submits that the claim for recovery of possession now sought by the plaintiffs (respondents herein) ought to have been claimed in their earlier suit, and having failed to do so, the present suit is barred by the principles underlying Order II R.2 CPC.
2. The present dispute pertains to an immovable property claimed by two religious sects the Balmiki Hindus (represented by Respondents 1 to 3) and the Christian community (represented by the petitioner). The respondents 1 to 3 had previously instituted Suit No. 25/1973, titled Mohan Lal Motyal and Others v. Faquira and Others, seeking a declaration regarding their entitlement to compensation for a portion of the said propert
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