HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR Reserved on: 29.04.2026 Pronounced on:15.05.2026 Uploaded on: 15.05.2026 Whether the operative part or full judgment is pronounced: Full RSA No.2/2024 ABDUL SAMAD BHAT & ORS ...PETITIONER(S)/APPELLANT Through: - Mr. Sheikh Hilal, Advocate, Ms. Shazia Kamal, Advocate.

Vs.

MST. RAHTI & ORS. …RESPONDENT(S)

Through: - Mr. J. H. Reshi, Advocate.

CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1) The appellants/plaintiffs have, by virtue of the present Civil 2nd Appeal, challenged the judgment and decree dated 05.06.2012 passed by the learned Sub Judge, Budgam, as upheld by the learned Additional District Judge, Budgam, in terms of judgment and decree dated 12.06.2023 in a suit filed by the appellants/plaintiffs against the respondents/

defendants.

2) It seems that the appellants/plaintiffs filed a suit against the predecessor-in-interest of the respondents/ defendants before the Court of learned Sub Judge, Budgam (hereinafter “the trial court”) seeking a decree for setting aside the exparte decree dated 13.06.2001 passed by the said Court against the appellants/plaintiffs.

3) According to the plaintiffs, plaintiff No.1 is the owner of