HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No: CM (M) No. 7/2025 CM No. 73/2025 Vijay Singh ...Petitioner(s).. Through :- Mr. Rohit Gupta, Advocate. Vs UT of J&K and others ....Respondent(s).. Through :- Ms. Nazia Fazal, Advocate vice Ms. Monika Kohli, Sr.AAG for R-1 & 11. Mr. Sidhant Gupta, Advocate for R-2 to 9. Coram: HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDER 03.01.2025 1. The present petition has been filed against the order dated 30.10.2024 passed by the court of learned Additional District Judge, Samba, whereby the appeal filed by the petitioner herein against order dated 27.08.2020 passed by Tehsildar Bari Brahmana, Jammu stands dismissed on the ground that the court has no jurisdiction to hear the matter and the appeal was directed to be returned to the counsel. The partition suit filed by the petitioner herein before Tehsildar Bari Brahmana, Jammu stands dismissed on the ground that the partition of the suit land shall cause inconvenience to all the stakeholders except Sh. Vijay Singh. 2. Mr. Sidhant Gupta, Advocate has appeared on behalf of the respondent Nos. 2 to 9 and Ms. Nazia Fazal, Advocate vice Ms. Monika Kohli, Sr. AAG appears for respondent Nos. 1 & 11. Learned counsel for the petitioner submits that respondent No.10 is not required to be served as he is the only proforma respondent in the petition. 3. The petition is taken up for final consideration with the consent of learned counsel for the parties. Sr. No. 1 2 CM (M) No. 7/2025 4. During the course of arguments, learned counsel for the private respondents fairly submits that he does not contest that the learned Additional District Judge, Samba has jurisdiction to hear the appeal and that he has no objection in case the order impugned dated 30.10.2024 passed by the learned Additional District Judge, Samba is set aside and the court hears the appeal of the petitioner herein on merits.. 5. In view of the aforesaid submission made by learned counsel for the respondents, the impugned order passed in the appeal is set aside. The court of learned Additional District Judge, Samba shall hear the case of the petitioner on merits. 6. Disposed of accordingly. 7. The parties shall appear before the appellate court on 31.01.2025. (PUNEET GUPTA) JUDGE Jammu: 03.01.2025 Pawan Chopra Pawan Chopra 2025.01.04 11:54 I attest to the accuracy and integrity of this document