SAT PAL Vs. SHILPA RANI AND ORS
LAWS(J&K)-2019-5-5
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 03,2019

SAT PAL Appellant
VERSUS
Shilpa Rani And Ors Respondents




JUDGEMENT

Sanjay Kumar Gupta, J. - (1.)This petition has been filed by the petitioner for quashing of judgment and decree passed by learned 2nd Additional District Judge, Jammu by virtue of which the appeal of the petitioner against the orders dated 14.08.2018 and 18.08.2018 of learned City Judge Jammu, has been dismissed.
(2.)The petitioner has challenged the order of the Appellate Court on the ground that the judgment is contrary to law and the appellate court has not considered all the pleas and grounds which were pleaded in the memo of appeal. It is contended that the appellate court has not exercised the jurisdiction in accordance with law and respondent No.2 had filed a suit before the City Judge, Jammu, without disclosing the factum of pendency of another suit filed by the petitioner which is pending before learned 2nd Munsiff, Jammu. The petitioner is one of the co-sharer of the land left behind by his predecessors and same was jointly owned by the petitioner as well as respondent Nos.3 and 4. The respondent Nos.3 and 4 without effecting partition of the land have sold the land to respondents No.1 and 2.
(3.)I have given my thoughtful consideration to the whole aspect of the matter as also the rival contentions of learned counsel for the parties.


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