Jammu & Kashmir High Court
Lama Konchok And Anr. vs Abdul Jabar And Others. on 9 October, 2018
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
S.No.24
Regular List
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CSA 8/2015
IA Nos.1/2015, 15/2015, 2/2018 & 3/2018
Date of order: 09.10.2018
Lama Konchok and anr. vs Abdul Jabar and others.
Coram:
Hon'ble Mr Justice Sanjeev Kumar, Judge.
Appearance:
For the Petitioner/Appellant(s) : Mr.P.N.Goja, Advocate.
For the Respondent(s) : Mr. K.S.Johal, Sr. Advocate with
Mr. Karman Singh Johal, Advocate. Having heard learned counsel for the parties and perused the record, I am of the view that following substantial questions of law arise for determination in this appeal:-
i) Whether the trial Court as also the First Appellate Court could have decided the question of jurisdiction as a preliminary issue, more so, when the issue was a mixed question of fact and law?
ii) Whether in the facts and circumstances of the case and in view of the pleadings of the parties, the trial Court as also the First Appellate Court was correct in its view that the suit was barred under Section 19 of the Jammu & Kashmir Kahcharai Act, 2011 read with Section 39 of the J&K Land Revenue Act, 1997?
Accordingly, this appeal is admitted to hearing on the aforesaid substantial questions of law.
Post admission notice on behalf of the respondents is waived by Mr. Karman Singh Johal, Advocate.
List for final hearing on 20.12.2018. Meanwhile, send for the record of the trial Court as well as the First Appellate Court.
The interim order passed by this Court on 22.04.2015 shall remain in force till disposal of the appeal.
(Sanjeev Kumar) Judge Jammu 09.10.2018 Vinod.