Jammu & Kashmir High Court
Deepak Kumar vs Kewal Krishan Padha on 1 April, 2024
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
Sr. Nos. 07 & 08
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- CM(M) No. 61/2024
CM No. 1718/2024
Deepak Kumar, Age 49 years,
S/o Late Bal Krishan,
R/o W. No. 9, Katra, District Reasi (J&K U.T)
....Petitioner(s)
Through: Mr. Aseem Sawhney, Advocate
Vs
1. Kewal Krishan Padha,
S/o Lt. Sh. Thakur Dass,
R/o Ward No. 3, Krishana Gali-Katra, District Reasi
(J&K U.T)
2. Shub Kumar,
S/o Lt. Sh. Krishana Gali-Katra, District Reasi (J&K U.T)
3. Ajay Kumar
S/o Lt. Sh. Krishan Kumar Padha
R/o Ward No. 3, Krishana Gali-Katra, District Reasi (J&K U.T)
..... Respondent(s)
Through:
Case:- CM(M) NO. 63/2024
CM NO. 1739/2024
Deepak Kumar, Age 49 years,
S/o Late Bal Krishan,
R/o W. No. 9, Katra, District Reasi,
(J&K U.T)
....Petitioner(s)
Through: Mr. Aseem Sawhney, Advocate
Vs
2 CM(M) No. 61/2024
CM No. 1718/2024
c/w
CM(M) NO. 63/2024
CM NO. 1739/2024
1. Sham Lal Baru,
S/o Nityanand Baru,
R/o Ward No. 3 Katra, District Reasi.
2. Mithun Khajuria,
S/o Ltd. Jai Karan Khajuria,
R/o Karmal, Katra.
..... Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
01.04.2024 (Oral) CM(M) No. 61/2024 & CM(M) NO. 63/2024
01. The instant petitions have been clubbed together for consideration and disposal on account of similarity of controversy involved therein.
02. In the instant petitions, the petitioner has challenged order dated 27.01.2024 (for short "the impugned order"), whereby the Trial Court being Munsiff (Civil Judge Jr. Division), Katra has framed as many as 07 issues in case titled as "Kewal Krishan Padha and others Vs Deepak Kumar" and in case titled as "Sham Lal Baru and another Vs Deepak Kumar" has framed as many as 10 issues, requiring the parties thereto to file list of the witnesses.
3 CM(M) No. 61/2024CM No. 1718/2024
c/w CM(M) NO. 63/2024 CM NO. 1739/2024 The short grievance projected by the petitioner is that the Trial Court though having framed both being factual and legal issues in nature, yet has not treated any legal issues as preliminary issues as the determination of the said preliminary issues would determine the fate of the cases.
Learned counsel for the petitioner while making his submissions would submit that though it came to be prayed before the Trial Court on the date subsequent to the date of the framing of the issues that the petitioner herein intends to argue on legal issues first, the Trial Court did not pass any order thereto thus, necessitating the filing of the instant petition.
Learned counsel for the petitioner, thus, would pray the disposal of the instant petitions at this stage with an innocuous direction to the Trial Court to consider and treat the legal issues framed as preliminary issues in the first instance and hear the counsel for the parties on the said issues.
03. It may not be appropriate for this Court to pass such a direction in exercise of supervisory jurisdiction, yet counsel for the petitioner herein shall be well within his rights to approach the Trial Court and make such a prayer in this regard before the 4 CM(M) No. 61/2024 CM No. 1718/2024 c/w CM(M) NO. 63/2024 CM NO. 1739/2024 Trial Court which prayer can be considered by the Trial Court on its own merits, having regard to the facts and circumstances of the case in accordance with law.
04. Accordingly, the petitions are disposed of with a liberty to the counsel for the petitioner herein to approach the Trial Court, as observed above.
05. Both the petitions are, accordingly, disposed of along with all connected applications.
06. Copy of this order be placed on the record of both the petitions.
(JAVED IQBAL WANI) JUDGE JAMMU 01.04.2024 Muneesh Whether the order is speaking : Yes / No Whether the order is reportable : Yes / No Muneesh Sharma 2024.04.08 11:23 I attest to the accuracy and integrity of this document