Advocates:
['M SULTAN', 'M AIJAZ', '', 'SHEEBA RASHID']

IN THE HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

CR No.46/2018

Reserved on: 28.12.2020

Pronounced on: 16 .04.2021

Mohammad Shafi Allayee.

……. Petitioner(s)

Through:

None

Versus

Ali Mohammad Allayee and Ors.

……. Respondent(s)

Through:

Ms. Sheeba Rashid, Advocate

CORAM:

HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT

1. Petitioner seeks setting-aside of order dated 12.10.2018, passed by Munsiff,

Chadoora, (hereinafter referred to as “Trial Court”), on an application under

Order VII Rule 11 of the Code of Civil Procedure.

2. Briefly put, it is stated that petitioner filed a civil suit seeking following relief:

i. A decree of declaration may be passed in favour of the plaintiff against the

defendants whereby the plaintiff be declared entitled to get and receive the

consideration amount of the said land in terms of present market value existing

on spot and deal already done by the plaintiff with the defendants 01 to 04 with

regard to construction of Mosque thereon the suit land be declared void and

alternately the plaintiff be declared the owner, possessor and title holder of the

suit land.

ii. A d