SrinagarReview in disguise of appeal is impermissible, the Jammu and Kashmir High court has said as it dismissed similar plea involving issue related to inheritance.
The petition was filed by one Mohammad Maqbool Bha,t seeking review of the judgment passed by the court on 2 March this year to the extent of mutation regarding estate of the deceased Sultan Bhat situated at Shala Bugh in central Kashmirs Ganderbal district. The counsel for the petitioner would submit that the parties in the matter of inheritance are governed by the customary law providing for exclusion of daughters married outside parental house (Khana Beeron) from inheritance. Supporting the contention, the coulse would submit that for inclusion to succeed to the estate of the deceased, the daughters were to plead non-prevalence of the custom.
He said mutation of succession has been attested at the camp headquarter in presence of general public supporting succession to be governed by customary law.
The mutation, the counsel said, has been attested in presence of six persons including Bhat. Admittedly, the court said, daughters were not summoned so have been condemned unheard.
The question of exclusion on the basis of custom has to be pleaded and proved by launching appropriate proceedings, the court said, underlining that petition for review can be entertained only when there is an error apparent on the face of record. The position of succession, then legality or otherwise of the mutation has been specifically dealt with in the judgment and a well-considered opinion has been framed. Same is not open to review. Review in disguise of appeal is impermissible, said a division bench of Justices Mohammad Yaqoob Mir and Ali Mohammad Magrey and dismissed the review plea as without merit.
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