HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CR No. 29/2026 CM No. 4551/2026 Kirtan Singh & Anr. …..Appellant(s)/Petitioner(s) Through: Mr.Dheeraj Singh Katoch, Advocate. vs Kuldeep Kumar .…. Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 14.07.2026 1. After hearing learned counsel for the petitioners at some length, it is fairly conceded that the petitioners have already filed their written statement before the learned Trial Court, wherein a specific plea has been taken that the suit is not maintainable as the land in question is governed by Section 3- A of the Jammu and Kashmir Agrarian Reforms Act, and, therefore, in view of Section 25 of the said Act, the jurisdiction of the Civil Court stands barred. 2. Learned counsel for the petitioners further submits that the predecessor-in- interest of the petitioners had already challenged Mutation No. 327 pertaining to Khasra Nos. 134, 137 and other connected khasra numbers of Village Chak Abtara, Tehsil Bishnah, District Jammu, before the Joint Agrarian Commissioner, Jammu. It is submitted that the said appeal is pending adjudication and that the parties have been directed to maintain status quo therein. It is further contended that, notwithstanding the aforesaid proceedings, the respondent/plaintiff has also obtained an order of temporary injunction against the petitioners from the Civil Court. 3. Be that as it may, since the petitioners have already filed their written statement before the Trial Court raising, inter alia, the plea regarding the maintainability of the suit, learned counsel for the petitioners seeks permission to withdraw the present petition. He, however, submits that the Serial No. 148 2 order of temporary injunction is operating harshly against the petitioners, particularly when the mutation on which the respondent/plaintiff bases his claim is itself under challenge before the competent Revenue Authority. 4. Having considered the submissions made by learned counsel for the petitioners, the present petition is permitted to be withdrawn. Liberty is, however, granted to the petitioners to move an appropriate application before the learned Trial Court seeking modification, variation or vacation of the interim injunction. In the event such an application is filed, the learned Trial Court shall consider and decide the same independently, on its own merits and strictly in accordance with law. 5. It is further observed that if the petitioners succeed in satisfying the learned Trial court that the suit is not maintainable or that the jurisdiction of the Civil Court is barred under the provisions of the Jammu and Kashmir Agrarian Reforms Act, it shall be open to the Trial Court to frame an appropriate issue on the question of maintainability and decide the same in accordance with law. 6. The petition is, accordingly, disposed of as withdrawn along with all connected application(s). (Sanjay Parihar) Judge Jammu 14.07.2026 Renu