Extracted from the PDF above. The PDF is authoritative.
CR No.47/2024 p. 1 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CR No.47/2024
Date of pronouncement : 12.11.2025
Uploaded on : 18.11.2025
Shakeela Begum & Anr.
….Petitioners
Through:- Mr. M Usman Salaria, Advocate
V/s
Ghulam Ali Malik
…..Respondent
Through:- Mr. Aayush Pangotra, Advocate
\
CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
JUDGMENT (ORAL)
1. The court of Additional District Judge, Jammu is seized of a civil suit filed by respondent-Ghulam Ali Malik, in which he came to name six (6) persons as defendants.
2. The petitioners No.1 & 2 herein are defendant No.1- Shakeela Begum & defendant No.2-Mohd. Ali Durrani in the said suit co-joined by defendant No.3- Shoukat Ali Durrani, defendant No.4-Huma Bakshi, defendant No.5-Mst. Saba, and defendant No.6- Khalid Durrani.
3. The suit is for permanent prohibitory injunction with respect to suit property comprising of a plot of land Serial No. 13 Regular List
CR No.47/2024 p. 2 measuring 1 kanal in khasra No.22 old (341 min new) along with residential house thereupon situated in Sidhra, tehsil Jammu.
4. The suit came to be contested by the petitioners.
5. An application came to be made by respondent as plaintiff on 06.07.2024 before the trial court, thereby seeking impleadment of legal representatives of deceased defendant No.3-Shoukat Ali Durrani wherein it was never disclosed as to when Shoukat Ali Durrani had expired, necessitating the respondent as plaintiff to bring on record his legal representatives.
6. The court of Additional District Judge, Jammu by virtue of a cryptic order dated 15.03.2024, allowed the said application without inviting any objections from co-defendants and ordered impleadment of Farzana, Noor and Hanin as defendants in place of deceased defendant No.3- Shoukat Ali Durrani, which has left the petitioners aggrieved and genuinely so, on account of an order having been passed at their back and without notice to them.
7. Accordingly, the impugned order is set aside with a direction to the Additional District Judge, Jammu to afford an opportunity of objection to the petitioners with respect to the application filed by the
CR No.47/2024 p. 3 respondent and thereupon dispose of the same on merits by showing reasons.
8.
Disposed of.
(RAHUL BHARTI) JUDGE JAMMU
12.11.2025
Sneha
Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No