Sr. No. 1 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: cm(m) no. 289/2024 Cm (7594/2024) Bhagwan Singh and ors. …Petitioner(s)/Appellant(s) Through: Mr. P S Dutta, Sr. Advocate. V/s Naresh Kumar and ors. …. Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 03.03.2025 1. Through the medium of the present petition, the petitioners are seeking appropriate directions to the Court of learned Ist Additional Munsiff (Forest Magistrate) Jammu in respect of the suit bearing No. 7414/2015 titled ‘Sham Sunder vs. Bhagwan Singh and ors.’ 2. Learned Senior counsel appearing for the petitioners/defendants has submitted that the suit filed by the plaintiffs/respondents against them is not maintainable as subject matter the said suit is shamlat land, as such, the dispute is cognizable by a Revenue Court. He has further submitted that the writ petitioners/defendants have filed an application for rejection of the plaint under Order 7 Rule 11 Code of Civil Procedure (CPC) a long time back but the same is not being taken up for disposal by the learned Trial Court as a result whereof the petitioners are being made to face the proceedings before the Trial Court which has no jurisdiction in the matter. -2- 3. Having regard to the nature of controversy involved in this case, the instant petition can be disposed of at this stage itself by passing appropriate directions to the learned Trial Court. 4. Accordingly, the petition is disposed of with a direction to the learned Trial Court to decide the application of the petitioners/defendants under Order 7 Rule 11 CPC expeditiously preferably within a period of two months from the date a copy of this order is made available to the learned Trial Court. 5. A copy of this order be sent to the learned Trial Court for information and compliance. (SANJAY DHAR) JUDGE Jammu 03.03.2025 SUNITA/PS SUNITA KOUL 2025.03.04 10:54 I attest to the accuracy and integrity of this document