RSA No. 24/2024 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU RSA No. 24/2024 CM No. 7653/2024 CM No. 5533/2025 Date of pronouncement : 29.10.2025 Uploaded on : 03.11.2025 Managing Committee Eidgah Darhal & Ors. ….Petitioners Through:- Mr. Zahid Sarfraz Malik, Advocate. V/s Mohd. Sadiq Malik & Ors. …..Respondents Through:- Mr. Atul Verma, Advocate vice Mr. Adarsh Sharma, Advocate for R-1. Ms. Nazia Fazal, Assisting Counsel vice Mrs. Monika Kohli, Sr. AAG for R-7 to 9. \ CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE JUDGMENT (ORAL) 01. In the name of the Managing Committee, Eidgah Darhal, purportedly acting through its Chairman, namely, Karamat Malik, joined by seven other residents of tehsil Darhal of different villages initiated a civil suit on file No. 120/Civil of the court of learned Sub-Judge (Special Mobile Magistrate), Rajouri on 23.12.2017, thereby seeking a declaration with consequent relief/s. Serial No. 17 RSA No. 24/2024 02. The suit came to be held not maintainable for want of proper notice under section 820 of the J&K Code of Civil Produce, Svt., 1977 in terms of order dated 12.11.2024. 03. Against said dismissal of the suit, the plaintiffs preferred a civil 1st appeal before the court of learned Additional District Judge, Rajouri on file No. 09/Civil Appeal which came to be disposed of on 18.12.2024 by confirming the original court order dated 12.11.2024. 04. The plaintiffs are now in present civil 2nd appeal before this Court against the aforesaid outcome of a civil suit. 05. This Court finds no illegality in the original order dated 12.11.2024 passed by the court of learned Sub-Judge (Special Mobile Magistrate), Rajouri holding the suit non- maintainable for want of proper notice under section 80 of the J&K Code of Civil Produce, Svt., 1977, as such, this appeal is dismissed alongwith connected applications. 06. Interim direction, if any, shall stand vacated. (RAHUL BHARTI) JUDGE JAMMU 29.10.2025 Bunty Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No Bunty Kumar 2025.11.03 13:48 I attest to the accuracy and integrity of this document Jammu