Serial No. 78 Regular Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR RFA 27/2023 CM(5326/2023). KHURSHEED AHMAD LONE AND ORS. …Appellant (s) Through: Mr. G.J. Bala, Advocate. VERSUS MEHRAJUD DIN LONE AND ORS. Through: Mr. Showkat Ali Khan, Advocate. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 09-04-2026 01. Through the medium of the present appeal, the appellants have challenged judgment dated 7th of July, 2023 passed by the learned 1st Additional District Judge, Srinagar, in a pre-emption Suit filed by them. Vide the impugned judgement the learned trial court has dismissed the Suit of the appellants. 02. After promulgation of the Jammu and Kashmir Reorganisation Act, 2019, the Jammu and Kashmir Right of Prior Purchase Act stands repealed. Consequently, the right of pre-emption, if any, available to the appellants, has ceased to exist. It is settled law that a suit filed for enforcing right of pre-emption can be allowed only if the said right is available not only at the time of filing of the suit for pre-emption but also at the time of passing of the decree. In this regard, reference is made to the judgment passed by the Supreme Court in case titled “Punyadeo Sharma and others etc V. Kamla Devi and others etc” 2022 LIVELAW (SC) 22. 03. In the instant case, the suit for pre-emption filed by the appellants already stands dismissed. Even prior to the filing of the present appeal, the Jammu and Kashmir Right of Prior Purchase Act has been repealed. With its repeal, the right of pre-emption of the appellant stood abolished at a time when a decree is yet to be passed in favour of the appellants. Therefore, after repeal of right of Prior Purchase Act, the suit of the appellants cannot survive and consequently, the present appeal also does not survive. 04. In view of the above background, the instant appeal is dismissed. (Sanjay Dhar) Judge SRINAGAR 09-04-2026 Showkat Khan