CM(M) No. 313/2025 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No. 313/2025 Date of pronouncement : 03.12.2025 Uploaded on : 05.12.2025 Prem Chand & Anr. ….Petitioners Through:- Mr. S. H. Shah Ashrafi, Advocate. V/s Learned Sub-Judge, Special Mobile Magistrate, Rajouri & Ors. …..Respondents Through:- \ CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE JUDGMENT (ORAL) 01. Two petitioners herein are brother and sister of the respondent Nos. 2 to 4. 02. The two petitioners and the respondent Nos. 2 to 4 are the successors-in-interest of one Mithu, who left behind estate in the form of land in different khasra numbers in village Treru, tehsil Teryath and district Rajouri. 03. The two petitioners, being the son and daughter of late Mithu, have filed a civil suit for partition with respect to the land before the court of learned Sub-Judge, Rajouri. Serial No. 01 Regular List CM(M) No. 313/2025 04. Institution of said civil suit is dated 08.11.2023 and the same is said to be pending disposal with respect to which the petitioners have come forward with a petition under article 227 of the Constitution of India seeking a direction unto the court of learned Sub-Judge, Rajouri for expediting the trial of the civil suit. 05. Whether the suit of the petitioners is maintainable in its present form before the civil court is for the court below to a take call, and that call shall not be long deferred. 06. Therefore, this Court disposes of this petition with a direction to the learned Sub-Judge, Rajouri to bear in mind provisions of section 139 of the J&K Land Revenue Act, Svt., 1996, which excludes the jurisdiction of the civil courts in matters within the jurisdiction of the revenue officers. Partition of land covered under the J&K Land Revenue Act, Svt., 1996 is a matter which is within the jurisdiction of the revenue officers in terms of Chapter-X (section 104 to 119-A) of the J&K Land Revenue Act, Svt., 1996. 07. The role of a civil court reserved under the J&K Land Revenue Act, Svt., 1996 is only to the extent as envisaged under section 118(c) when disputed question of CM(M) No. 313/2025 title with respect to the property sought to be partitioned arises. 08. Therefore, this Court reminds the learned Sub- Judge, Rajouri to deal with the suit in terms of its maintainability also and effect disposal as early as possible. 09. The present petition is, accordingly, disposed of. (RAHUL BHARTI) JUDGE JAMMU 03.12.2025 Bunty Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No Bunty Kumar 2025.12.05 11:20 I attest to the accuracy and integrity of this document Jammu