Serial No. 6 Suppl. Cause list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA No. 113/2024 in WP(C) No. 381/2023 Abdul Hamid Kaloo Alias Dangola Aged 62 Years S/o Late Abdul Khaliq Kaloo R/o Nigeen Lake Srinagar. ….. Appellant/petitioner(s) Through: - Mr. Ahmad Javid, Advocate V/s 1. UT of J&K Commissioner Secretary to Govt., Revenue Department J&K Civil Secretariat, Srinagar Kashmir. 2. Deputy Commissioner, Srinagar Kashmir. 3. Tehsildar North, Hazratbal, Srinagar Kashmir 4. Divisional Commissioner, Kashmir. 5. Rambir Singh Tula S/o Inder Singh Tula R/o Nigeen Bagh, Srinagar 6. Har Kamal Singh 7. Neel Kamal Singh 8. Gurdeep Singh Respondents 5 to 7 are sons of Late Anoop Singh and all residents of Nigeen Bagh Srinagar Kashmir. 9. Aijaz Ahmad Mandoo S/o Ab. Ahad Mandoo R/o Shaheed Gunj, Srinagar Kashmir. ….. Respondent(s) Through: - Mr. N. A. Tabasum, Advocate with Mr. Mohammad Idrees, Advocate for R5-9 CORAM: HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR JUSTICE SANJAY PARIHAR, JUDGE (ORDER) 06.06.2025 (Oral) CM No. 3459/2025 01. This is an application for placing on record the certified copies of sale deeds registered on 07.06.2005 in the office of Sub-Registrar, Srinagar Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document and also seeks to place on record a copy of communication dated 16.04.2025. 02. The application for the reasons stated therein is allowed. The documents appended with the application are taken on record subject to all just exceptions. 03. CM is disposed of. LPA No. 113/2024 01. This intra Court appeal filed under Clause 12 of the Letters Patent is directed against an order and Judgment dated 06.03.2024 passed by the learned Single Judge [‘the writ Court”] in WP(C) No. 381/2023 titled Abdul Hamid Kaloo Alias Dangola Vs. UT of J&K and Ors., whereby the writ petition filed by the appellant herein, has been dismissed on the ground that the same is not maintainable in view of availability of equally efficacious statutory remedy available under Section 7 of the J&K Migrant Immoveable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 [“the Act of 1997”]. 02. Having heard learned counsel for the parties and perused the material on record, we do not find any legal infirmity or illegality in the impugned order dated 06.03.2024. Admittedly in terms of Section 7 of the Act of 1997, an appeal against the impugned order passed by the District Magistrate lies before the Financial Commissioner. The appellant has approached this Court without availing the aforesaid remedy, which is not only a statutory remedy, but is equally efficacious. However, in the given facts and circumstances of the case, we are of the view that till the appeal Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document filed by the appellant is disposed of on merits by the Financial Commissioner (appellate authority), the parties need to maintain status quo. 03. This petition is, accordingly, disposed of by providing as under:- (i) That the appellant shall file an appeal before the Financial Commissioner/appellate authority against the order dated 13.01.2023 passed by the District Magistrate/Deputy Commissioner, Srinagar within a period of three weeks from today. In case the appeal is filed within the aforesaid period, the same shall be treated in time and considered on merits. (ii) That the Financial Commissioner/appellate authority shall make an endeavour to dispose of the appeal after providing an adequate opportunity of hearing to both the sides, within a period of two months, after the parties appear before him. Till the appeal is finally disposed of as above, the present position of the subject property shall not be disturbed by either of the parties. 04. Disposed of along with connected CM(s). (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR 06.06.2025 “Mohammad Yasin Dar” Whether the order is reportable Yes/No Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document