Jammu and Kashmir High Court
CM(M)/251/2026 of SANJEEDA BANOO AND ANOTHER Vs ABDUL SALAM BHAT on 3 July 2026
OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 251/2026 CM No. (3857/2026) Sanjeeda Banoo And Anr. …Applicant(s)/Petitioner(s) Through: Mr. Rameez Raja, Advocate VERSUS Abdul Salam Bhat …Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE. ORDER
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) No. 251/2026
CM No. (3857/2026)
Sanjeeda Banoo And Anr.
…Applicant(s)/Petitioner(s)
Through: Mr. Rameez Raja, Advocate
VERSUS
Abdul Salam Bhat
…Respondent(s)
Through:
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
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ORDER
03.07.2026
1. Two petitioners herein are plaintiffs in a civil suit before the court of learned Sub Judge, Kulgam.
2. Institution of civil suit is of 14.02.2022 wherein the petitioners are seeking declaration to the effect of being legal heirs and successors-in-interest of their own alive father who is defendant in the civil suit thereby expecting an advance ruling about the death of respondent/defendant so as to be acknowledged as legal heirs after his death which is yet to take place.
3. The petitioners were able to procure an ad interim ex-parte injunction direction of status quo on Sr. No. 128 Supp. 1
14.02.2022 by reference to which they were even able to get a direction for implementation through Tehsildar, Kulgam but the court of learned Sub Judge, Kulgam upon coming with a realization that said order has not been extended beyond particular date in terms of its effects came to withdraw the direction so given for implementation and this course correction has been done by the court below in terms of order dated 16.06.2026 against which the two petitioners have rushed to this Court.
4. This Court doesn’t find any illegality done by the Court below in doing course correction as that is always the inherent power of a Court under section 152 of the Code of Civil Procedure, 1908.
5. However, one aspect is disturbing i.e., temporary injunction application of 2022 is still pending its adjudication and consequent disposal.
6. This petition is dismissed with a direction to the learned Sub Judge, Kulgam to dispose of the temporary injunction application of the petitioners by or before 31st of August, 2026 without scope for any extension of time at the disposal of Sub Judge, Kulgam.
7. A copy of this order be forwarded to the Court of learned Sub Judge, Kulgam for notice and compliance with respect to disposal of the temporary injunction application.
(RAHUL BHARTI)
JUDGE
SRINAGAR 03.07.2026 Akhil Dev