Extracted from the PDF above. The PDF is authoritative.
Serial No. 114 Suppl. List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM(M) No. 263/2026
Amina Bano ….. Appellant/petitioner(s) Through: - Mr. Saleem Gul, Advocate
V/S Naza and Ors.
….. Respondent(s) Through: -
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
(ORDER) 08.07.2026
01. By way of the instant petition, the petitioner seeks a direction to the learned Court of the 3rd Additional Munsiff, Srinagar, to consider and decide the petitioner's application dated 06.11.2025 filed under Order I Rule 10 of the Code of Civil Procedure, 1908, pending in the civil suit, expeditiously and within a time-bound period.
02.
Learned counsel for the petitioner submits that the petitioner is a bona fide purchaser of land measuring 10 Marlas falling under Khasra No. 1019, Khewat No. 70, Khata No. 470, having purchased the same from proforma respondent No. 7, by virtue of a registered sale deed executed on 27.11.2020 and registered on 09.01.2021. It is stated that the mutation of the aforesaid land has also been attested vide Mutation No. 1339 in favour of the petitioner for a sale consideration of Rs. 65,00,000/-. It is further submitted that respondent No. 1, who is the sister of the proforma respondent and daughter of Late Ghulam Mohammad Sofi, instituted a suit for partition and permanent Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document
prohibitory injunction before the learned Principal District Judge, Srinagar, which was subsequently transferred to the Court of the learned 3rd Additional Munsiff, Srinagar. In the said suit, an order directing the parties to maintain status quo came to be passed on
30.09.2025. It is further submitted that the petitioner, being a necessary and proper party to the said proceedings, filed an application on 06.11.2025 under Order I Rule 10 CPC seeking impleadment; however, the said application has not been considered or decided till date.
03.
Learned counsel for the petitioner submits that the petitioner would feel satisfied if the present petition is disposed of with a direction to the learned Court of the 3rd Additional Munsiff, Srinagar, to consider and decide the petitioner's application filed under Order I Rule 10 CPC expeditiously and within a stipulated time.
04. Having considered the submissions made and without expressing any opinion on the merits of the case, the instant petition is disposed of with a direction to the learned Court of the 3rd Additional Munsiff, Srinagar, to consider and decide the petitioner's application dated 06.11.2025, filed under Order I Rule 10 of the Code of Civil Procedure, 1908, expeditiously, preferably within a period of four weeks from the date a copy of this order is made available before the said Court.
(MOKSHA KHAJURIA KAZMI)
JUDGE SRINAGAR 08.07.2026
“Mohammad Yasin Dar”
Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document