HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 3018/2023 CM No. (7202/2023) c/w i) CM(M) No. 219/2021 Mst. Mukti And Anr. …Applicant(s)/Petitioner(s) Through: Mr. Ahmad Javaid, Advocate Ms. Amtul Basit Dave, Advocate VERSUS Union Territory of J&K And Ors. …Respondent(s) Through: Mr. N. A. Kuchey, Advocate for R- 4 to 8 in CM(M) No. 219/2021 Ms. Humaira Jan, Advocate vice Mr. T. M. Shamsi, DSGI for R- 2 and 3 in WP(C) No. 3018/2023 and for R- 13 and 14 in CM(M) No. 219/2021 CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE. ORDER 07.08.2026 CM(M) No. 219/2021 1. The two petitioners herein are the plaintiffs in a civil suit which is against all 15 respondents. 2. The suit is for declaration with consequential relief of permanent as well as mandatory injunction to the effect of declaring an Irrevocable General Power of Attorney dated 09.06.2012 executed by Mohammad Rather, the father of the petitioner No. Sr. No. 9 Regular 1 and husband of the petitioner No. 2 with respect to land measuring 8 kanals in khasra No. 1444 min and 1439 min situated at Karewa Damodar, Tehsil and District Budgam in favour of the respondent No. 1 herein i.e., Tanveer Ahmad Sheikh as fraud, illegal, ineffective and null and void and consequently the sale deeds dated 22.06.2012 and 26.06.2012 with respect to 4 kanals of land duly registered and executed on the basis of the said power of attorney to be null and void. 3. Consequently, the two petitioners as plaintiffs, are seeking the benefit of acquisition of the land, forming the subject matter of irrevocable general power of attorney and the sale deeds, to occur in their favour from the end of the respondents 9 to 15. 4. In said civil suit, the trial court of learned Munsiff, Budgam came forward with an order dated 27.08.2015 refusing to restrain the Collector Defence, Budgam from carrying out the proceedings with respect to disbursement of compensation. 5. It is against this order dated 27.08.2015 of the court of learned Munsiff, Budgam that the petitioners came forward with present petition under article 227 of the Constitution of India. 6. Post institution of this petition under article 227 of the Constitution of India on 28.12.2021, the civil suit itself came to suffer dismissal for non- prosecution in terms of order dated 09.09.2022 from which date onwards even this petition came to suffer a self collapse and is, accordingly, dismissed as rendered infructuous on account of lack of lis out of which proceedings in the present case came to germinate. 7. This petition is, thus, dismissed as infructuous. 8. In case if the petitioners would reckon that their civil suit has been restored by reference to pending restoration proceedings, then an application to this effect can be made for the notice of this Court for earning the revival of the case that too subject to discretion of this Court and not as a matter of right and asking. 9. Dismissed. WP(C) No. 3018/2023 1. Mr. Ahmad Javaid, learned counsel for the petitioners is called upon by this Court to explain as to how in the absence of the necessary parties as the party respondents in the present writ petition, the petitioners are intending to maintain this writ petition keeping in view the fact that in the civil suit preferred by the two petitioners, the respondent No. 7- Tanveer Ahmad Sheikh in this writ petition along with seven other private individuals were the party defendants in the suit all being private defendants 1 to 8 in array of 15 defendants. The declaration in the suit was being sought by the petitioners with respect to the title in the form of sale deed/s vesting in the private respondent No. 7 and other seven private individuals. 2. Once the title holders qua the property forming the subject matter of the civil suit are not appearing as party respondents in the present writ petition, then whether the writ petition, at the very first instance, ought to have been maintained by the petitioners is a preliminary objection which must be addressed by Mr. Ahmad Javaid, learned counsel for the petitioners on the next of hearing. 3. List on 17.08.2026 with liberty to mention. 4. Record of writ petition WP(C) No. 1989/2022 be got tagged with this petition. (RAHUL BHARTI) JUDGE SRINAGAR 07.08.2026 Akhil Dev