Jameeta Vs Gabbo Ram and Others — Writ and Judicial Review | J&K HC (2026)

Jameeta Vs Gabbo Ram and Others — Writ and Judicial Review | J&K HC (2026)

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a fresh application before the trial court for seeking indulgence with respect to cultivation operations on the suit land, to be considered on merits and disposed of within thirty days of filing after first inviting objections from the other side; copy of the order to be forwarded to the court of Munsiff Akhnoor for notice and compliance

Issue for consideration

Whether the petitioner was entitled to permission to cultivate the entire suit land including khasra No. 833 (16 kanals 7 marlas), as against the trial court's order dated 20.01.2023 confining such permission to khasra No. 831 (6 kanals 13 marlas) +1 more

Ratio / Principle

More than three years having gone by since the trial court's order dated 20.01.2023, the very purpose of the application filed by the petitioner before the trial court has become infructuous and, consequently, the present petition is also rendered infructuous

Key takeaways

The Court disposed of the matter with liberty to the petitioner to make a fresh application before the trial court for seeking indulgence with respect to cultivation operations on the suit land; any such application, supported with or without any current revenue record of khasra girdawari, is to be considered on merits and disposed of within thirty days from the date of its filing, by first inviting objections from the other sideratio¶22

Detailed headnote1 paragraphs

Petition under Article 227 of the Constitution of India by the plaintiff in Civil Suit No. 48/Civil Suit of 2020 (suit for permanent prohibitory injunction; suit land 6 kanals 13 marlas comprising khasra No. 831 and 16 kanals 7 marlas comprising khasra No. 833 of village Pangyari, Tehsil Akhnoor, district Jammu) challenging the trial court's order dated 20.01.2023, which reserved permission to cultivate seasonal crops only in respect of khasra No. 831 and kept khasra No. 833 out of its purview. More than three years having elapsed since that order, the Court held the purpose of the underlying application, and consequently the petition, to be infructuous and disposed of the matter, granting liberty to file a fresh application before the trial court, which is to be considered on merits — with or without any current revenue record of khasra girdawari — and disposed of within thirty days from the date of filing, by first inviting objections from the other side.

Regular List Serial No. 07

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

CM(M) No. 174/2024 CM Nos. 4346/2024 & 4419/2024

Jameeta …..Petitioner

Through: Mr. P. S. Pawar, Advocate.

Vs

Gabbo Ram & Ors. .….Respondent

Through: Mr. Sumit Sharma, Advocate vice Mr. Ashok Sharma, Advocate for R-1.

Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER (06.05.2026)

1. A civil suit came to be commenced by the petitioner/ plaintiff on file No. 48/Civil Suit of 2020 on 30.06.2020 before the court of learned Munsiff Akhnoor.

2. The suit is for permanent prohibitory injunction filed by the plaintiff/petitioner herein against the defendants/three respondents herein restraining them from dispossessing the petitioner/plaintiff from the suit land by making illegal interference into the suit land which is 6 kanals 13 marlas comprising khasra No. 831 and 16 kanals 7 marlas comprising khasra No. 833 of village Pangyari, Tehsil Akhnoor, district Jammu.

3. The petitioner’s suit accompanied with an application for the temporary injunction resulted in passing of an ex parte ad interim order dated 30.06.2020 whereby the trial court with a recital in its order to the effect that the applicant is in possession of the suit property on the basis of the revenue documents with

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respect to the suit property produced along with the suit and, therefore, found a prima facie case to come up with a status quo direction qua the suit property.

4. The respondents, upon their appearance in the civil suit, came up with the written statement as well as objections to the temporary injunction application but nevertheless, the counsel for the respondents in the civil suit extended his consent to the interim order dated 30.06.2020 being made absolute which led to passing of order dated 02.09.2020 making the interim direction of status

quo in terms of order dated 30.06.2020 absolute.

5. The petitioner came forward with an application for seeking permission of the trial court to cultivate the seasonal crops with respect to the suit land which resulted in an order dated 20.01.2023 whereby the court reserved permission to cultivate the land only with respect to land measuring 6 kanals 13 marlas in khasra No. 831 which left the petitioner aggrieved as the suit land comprised in khasra No. 833 measuring 16 kanals 7 marlas was kept out of the purview of order dated 20.01.2023 and, therefore, came up with the present petition under article 227 of the Constitution of India.

6. It is now more than three years which have gone by reference to order dated 20.01.2023 and, therefore, the very purpose of the application filed by the petitioner before the trial

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court has become infructuous and, consequently, the present petition is also rendered infructuous.

7. Therefore, this Court disposes of the matter with a liberty in favour of the petitioner that in case the petitioner comes to make a fresh application before the trial court for seeking indulgence with respect to cultivation operations with respect to the suit land, then said application, if any, filed by the petitioner supported with or without any current revenue record of khasra girdawari be considered on merits and disposed of said application within thirty days from the date of its filing by first inviting objections from the other side.

8. Disposed of. 9. A copy of this order be forwarded to the court of Munsiff Akhnoor for notice and compliance.

(RAHUL BHARTI) JUDGE

JAMMU 06.05.2026 Shivalee

Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No

Shivalee Khajuria 2026.05.19 11:12 I attest to the accuracy and integrity of this document