S. No. 19 Regular Cause List INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 66/2023 ISHFAQ AHMAD SHAH …Appellant(s)/Petitioner(s) Through: Mr. Asif A Bhat, Advocate Vs. GRAND MUFTI OF J AND K (MUFTI NASIR-UL-ISLAM) CHAIRMAN OF RELIGIOUS AFFAIRS AND ANR ...Respondent(s) Through: Mr. Nisar Ahmad, Advocate CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE ORDER 12.02.2025 This petition challenges the order passed by the Sub-Judge (Special Mobile Magistrate, Srinagar), whereby the suit filed by the petitioner has been dismissed, holding that the plaintiff seeking himself to be Attorney holder was not authorized to file the present suit. Mushtaq Ahmad Shah S/o Abdul Rashid Shah r/o Shalimar, Srinagar claiming himself to be the Attorney holder of Ishfaq Ahmad Shah S/o Abdul Rashid Shah R/o Shalimar, Srinagar, filed a suit before the Trial court seeking a declaration to declare the orders passed by the defendant no. 1 dated 25.02.2021 and 19.08.2021, null and void and non-est in the eyes of law on the grounds taken in the suit. He has in the suit sought the declaration of Talaq pronounced between the parties as null and void. Objections raised regarding the maintainability of the suit on different grounds. One of the grounds taken in was that the suit which has been filed through Mushtaq Ahmad Shah was not maintainable because Mushtaq Ahmad Shah was not holding any Power of Attorney on behalf of the Ishfaq Ahmad Shah to file such suit. The Trial court took note of the contents of the Power of Attorney which are reproduced at para 4 of the order. As per the Power of Attorney on the basis of which suit has been filed. It is mentioned by the Ishfaq Ahmad Shah that due to his personal inconvenience he is not in a position to personally appear before the concerned authorities such as Revenue Office and to execute necessary papers application forms, agreements or any other deed of conveyances which are required and it has become necessary for him to appoint lawful attorney for the said purpose. It is for the said purposes that he appointed his brother as Attorney. This Attorney does not give any authority to the said Attorney holder to file any suit or to challenge the Talaq which has been pronounced between his brother-plaintiff and respondent no. 2. The Trial court having rightly taken note of the powers and authorities given to him in the said power of attorney has concluded by holding that Mushtaq Ahmad Shah was not having any power to file such suit. The Trial court has thus rightly dismissed the suit, which does not call for any interference. Dismissed as above. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 12.02.2025 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 19.02.2025 11:42