Farooq Ahmad Shah vs Ghulam Mustafa Hajini and Others

Mansoor Ahmad Mir, J.—This revision petition is directed against the order dated 4th September, 2006 passed by 3rd Additional District

Judge, Srinagar, in Civil Miscellaneous Appeal titled Farooq Ahmad Shah v. Ghulam Mustafa Hajini and Ors., for short impugned order.

It is necessary to notice the facts of the case briefly herein:

Ghulam Mustafa Hajini-respondent No. 1 filed a suit in the court of First Civil Subordinate (Sub-Judge), Srinagar, with the prayer that defendants

1 and 2-Abdul Majid Dar and Farooq Ahmad Shah be restrained from raising any sort of construction in the suit land with further direction to

respondents not to grant any building permission/sanction in their favour. Trial court passed status-quo order vide order dated 12th August, 2006-

came to be assailed by defendant No. 2-Farooq Ahmad Shah by the medium of appeal before 3rd Additional District Judge, Srinagar. The said

court passed the impugned order.

Feeling aggrieved, defendant No. 2-Farooq Ahmad Shah has preferred this revision petition.

It appears that learned Counsel for the parties had made a joint request before the appellate court for demarcation/identification of the suit land.

Appellate court in terms of the submission made disposed of the suit without following the mandate of law.

The appellate court has given a slip to law while ignoring all the procedures. A suit can be dismissed/decreed after recording evidence or on a

preliminary issue. The suit can also be decree by way of compromise but compromise must be in writing and signed by the parties in terms of

Order 23 of CPC and must be lawful. Surprisingly, the appellate court has passed the impugned order which is illegal on the face of it and is an

abuse of process of law.

Accordingly, I deem it proper to set-aside the impugned order and direct the appellate court to decide the appeal afresh in terms of the

provisions applicable and while keeping in view the mandate of Civil Procedure Code.

Order accordingly. The appellate Court is directed to decide the appeal afresh within a period of one month from today. Parties are directed to

appear before the appellate court on 18th day of July, 2007. Registry is directed send down the record along with a copy of this order. Revision

petition disposed of.