Allahabad HC - Lucknow Bench|Friday, 20 February 2026
J&K HC Upholds Eviction of Noor Illahi Fakhtoo in Property Dispute with Ashok Koul
Bench
Hon'ble Smt. Justice Sindhu Sharma
Sindhu Sharma
J&K HC Upholds Eviction of Noor Illahi Fakhtoo in Property Dispute with Ashok Koul (2026) held that The court ruled that the appellant was not a necessary party in the original proceedings, thus the eviction order stands.
The case involves Noor Illahi Fakhtoo, who purchased land in 1996 and constructed a house, but faced eviction due to a prior court order favoring Ashok Koul, who claimed encroachment on his property. The High Court of Jammu & Kashmir dismissed Fakhtoo's appeal against the eviction order, ruling that he was not a party to the original proceedings and that due process had been followed. The court emphasized the need for a post-decisional hearing for Fakhtoo but upheld the eviction decision based on existing judgments. The ruling highlights issues of natural justice and property rights in the context of encroachment claims.
The court ruled that the appellant was not a necessary party in the original proceedings, thus the eviction order stands.
The court emphasized the importance of following due process and natural justice in property disputes.
The decision reinforces the authority of the District Magistrate under the Jammu & Kashmir Migrant Immovable Property Act, 1997.
Order passed by the Writ Court denying ad-interim relief
Sale deed executed for the land by the appellant
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