Serial No. 02 Regular Cause List HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT SRINAGAR [Through Virtual Mode] Ref (C) No. 2/2025 Ghulam Haider Magray and Anr. … Petitioner(s) Through: - Mr Rizwan-u-Zaman Bhat, Advocate. V/s Ghulam Nabi Margay and Ors. … Respondent(s) Through: - None. CORAM: HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE. (ORDER) 02.12.2025 01. The instant Reference has been made by the learned Presiding Officer, Fast Track Court, Kulgam, stating therein that the appeal titled ‘Ghulam Haider Magrey &Anr. v. Gh. Nabi Magrey & Ors.’, transferred to his Court by this Court from the Court of learned Principal District Judge, Kulgam, cannot be heard in view of the fact that the Fast Track Court does not have civil jurisdiction as the same has been exclusively created for the fast track trial of rape cases, besides cases related to Unlawful Activities Prevention Act. 02. In terms of previous Order dated 18th of November, 2025, this Court had directed the learned Registrar Judicial to place on record the Order whereby the Reference Court at Kulgam was set up and also report as to whether the powers under Sections 15 and 16 of the Civil Courts Act, 1977 have been conferred upon the Reference Court or not. 03. In pursuance of the aforesaid directions passed by this Court, the learned Registrar Judicial has submitted a note dated 1st of December, 2025, stating therein that on examination of the Order of the creation of the Fast Track Court at Kulgam coupled with a communication received from the learned Registrar General on the subject, it can be construed that no civil jurisdiction has been conferred upon the Fast Track Court at Kulgam (Reference Court) under Sections 15 and 16 of the Civil Courts Act. 04. In view of the submission made in the Reference and having regard to the aforesaid note formulated by the learned Registrar Judicial, this Court is of the opinion that the Fast Track Court at Kulgam (Reference Court) lacks the requisite jurisdiction to try the appeal as the same has not been conferred with civil jurisdiction. That being so, the appeal titled ‘Ghulam Haider Magrey &Anr. v. Gh. Nabi Magrey & Ors.’, bearing No. 14/Appeal, is withdrawn from the Reference Court and is transferred to the Court of learned Principal District Judge, Anantnag, with a direction to hear the appeal himself or assign it to any other Court of competent jurisdiction in his District. The appeal so transferred, shall be taken up before the Transferee Court on 16th of December, 2025. A copy of this Order be forwarded to both, the Reference Court as well as the Transferee Court, for compliance. 05. This Reference is, thus, answered on the above terms and shall stand disposed of, accordingly. (M. A. CHOWDHARY) JUDGE SRINAGAR December 2nd, 2025 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document