02/12/2025
Once the civil court had taken cognizance of the dispute, the revenue court becomes functus officio: HIGH COURT
36.This Court in case titled as Abdul Majid Kirmani & Anr. vs Bilal Ahmad Kirmani reported as 2025 LiveLaw (JKL) has observed as under:
"If the matter in issue in the subsequent suit is directly and substantially in issue in the previously instituted suit, Section 10 of the CPC has to be invoked, because the same is mandatory in nature. As already discussed, the matter in issue in the suit filed by the respondent is directly and substantially in issue in the suit filed by the petitioner. Therefore, trial of the suit filed by the respondent which is a subsequent suit is liable to be stayed."
37.The revenue court was well aware of the proceedings pending before the civil court on the same subject matter. In such a situation, it was obligatory upon the revenue court to await the culmination of the civil proceedings. Once the civil court had taken cognizance of the dispute, the revenue court became functus officio and could not simultaneously proceed to deal with the same subject matter.
38.The Tehsildar, despite being fully aware of the pendency of the civil suit, proceeded to decide the matter unilaterally. Such conduct is squarely barred by the doctrine of res sub judice, also by the settled principle that subordinate authorities cannot pass orders which may prejudice or interfere with the adjudication pending before the civil court.
39.This Court thus concludes that Respondent No. 4 acted in complete disregard of the binding principles of law and in violation of his own earlier order dated 12.12.2015, and the impugned order dated 03.03.2016 is therefore not tenable in the eyes of law.
52.Accordingly, for the reasons stated hereinabove, the writ petition preferred by the petitioner is allowed and the orders dated 03.03.2016, 23.05.2016, and 27.02.2018 passed by Respondents 1,2 and 4 respectively are hereby quashed. The respondents are further restrained from disturbing the present position on the spot and are directed not to harass the petitioner in any manner. The petitioner shall be entitled to peaceful use and enjoyment of his property in question without any hindrance.
AUTHOR: WASIM SADIQ NARGAL J
Abdul Rashid Khan vs State Of Jk Through Financial Commissioner etc
28 November, 2025