Prem Chand and Another v. Learned Sub Judge Special Mobile Magistrate Rajouri and Others
Case brief
What is this about?
CM(M) No. 313/2025, High Court of Jammu & Kashmir and Ladakh at Jammu, Rahul Bharti, J., decided 03.12.2025. Petitioners Prem Chand & Anr. (counsel: S. H. Shah Ashrafi) sought Article 227 direction to Sub-Judge Rajouri to expedite their partition suit (instituted 08.11.2023, pending) concerning estate of late Mithu in village Treru, tehsil Teryath, district Rajouri. Held: maintainability is for the court below; partition under J&K Land Revenue Act, Svt. 1996 lies with revenue officers (Ch.-X, ss. 104–119-A; s. 139 excludes civil jurisdiction); civil court's role limited to s. 118(c) disputed-title cases; petition disposed with direction for early disposal.
What did the court decide?
Petition disposed of with a direction to the learned Sub-Judge, Rajouri to expedite disposal of the partition suit and to examine its maintainability in light of section 139, section 118(c) and Chapter-X (sections 104 to 119-A) of the J&K Land Revenue Act, Svt., 1996.