Advocates:
['NAZIM KHAN', 'JEHINGIR GANIE', '', 'Z A SHAH']

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CSA no.01/2018

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

…

CSA no.01/2018

Aziz Khawaja

…….Appellant(s)

Through: Mr Nazim Khan, Advocate

Versus

Ali Bhat

……Respondent(s)

Through: Mr Z.A.Shah, Senior Advocate

with Mr A. Hanan, Advocate

CORAM:

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT (ORAL)

06.05.2022

1. Heard and considered.

2. This Civil Second Appeal is directed against the judgement and decree

dated 31^st October 2017, passed by Additional District & Sessions

Judge, Handwara (for brevity “1^st Appellate Court”), in an appeal,

bearing File no.34/Appeal titled Aziz Khawaja and others v. Ali Bhat.

3. A civil suit, bearing File no.280/Numbri, titled Ali Mohammad Bhat

v. Aziz Khawaja and others, filed by respondent herein before Sub

Judge (CJM) Handwara (for short “Trial Court”), was decreed vide

judgement dated 29^th December 2012, cancelling decree dated 24^th

June 1997 in File no.122/Numbri titled Abdul Aziz Khawaja v. Ali

Mohammad Bhat for land measuring 05 Kanals under Khasra no.402,

situated at Sherkote Tehsil Handwara, with a decree for permanent

S.no. 0