Extracted from the PDF above. The PDF is authoritative.
LPA No.321/2024
1 | P a g e Sr. No.5 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CJ Court LPA No.321/2024 REHANA QURESHI
...APPELLANT(S) Through: - Ms. Khilat, Advocate. Vs.
DR. MUJTABA ZUBAIR
...RESPONDENT(S) Through: - Mr. T. H. Khawaja, Sr. Advocate, with
Mr. Iman Abdul Muizz, Advocate.
CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER 07.10.2025
1. In a revision petition preferred by the respondent, mutation No.4493 dated 19.06.1997 of Village Gupt Ganga Tehsil Srinagar, in respect of succession of estate of one Mst. Saleema, came to be set aside by the Financial Commissioner (Revenue) vide order dated 27.11.2013. The aforesaid order dated 27.11.2013 was assailed by the appellant through the medium of OWP No.02/2014 but without any success as the writ petition was dismissed by the learned Writ Court vide order dated 27.08.2024.
2. The appellant has filed this intra-court appeal against the order dated 27.08.2024 on the grounds that the learned Writ Court has not rightly determined the controversy, particularly when in the writ petition a plea with regard to limitation raised by the appellant remained unaddressed by the learned Writ Court.
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3. During the course of hearing, learned counsel for the parties have reached to a consensus that as certain issues have remained unaddressed by the Financial Commissioner (Revenue) while passing the order dated 27.11.2013, the
order dated 27.11.2013 as well as the order passed by the learned Writ Court impugned in this intra-court appeal be set aside and the matter be remanded back to the Financial Commissioner (Revenue) for deciding the same in accordance with law after affording due opportunity of hearing to both the parties.
4. In view of the consensus arrived at between the parties, the order dated 27.08.2024 passed by the learned Writ Court as also the order dated 27.11.2013 passed by the Financial Commissioner (Revenue) are set aside and the matter is remanded back to the Financial Commissioner (Revenue) for deciding the same in accordance with law after affording due opportunity of hearing to both the parties. The parties are
directed to appear before the Financial Commissioner (Revenue) on 03.11.2025. The record, if summoned in original, be remitted back to the Financial Commissioner (Revenue) forthwith.
(RAJNESH OSWAL) (ARUN PALLI)
JUDGE
CHIEF JUSTICE Srinagar 07.10.2025
“Bhat Altaf”