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2025 DAILYLAW 6541 (JK)

MIRZA IMTIYAZ BEIGH v. BASHIR AHMAD KHAN AND ANR

LPAOW/8/2018 · 2025-07-01

Sanjay Parihar, Sanjeev Kumar

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 04 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPAOW No. 08/2018 IA No. 01/2018 Mirza Imtiyaz Beigh … Appellant(s) Through: - Mr Aamir Ahmad Mir, Advocate vice Mr M. A. Qayoom, Advocate. V/s Bashir Ahmad Khan & Anr. … Respondent(s) Through: - Mr Tahir Majid Shamsi, DSGI. CORAM: Hon’ble Mr Justice Sanjeev Kumar, Judge Hon’ble Mr Justice Sanjay Parihar, Judge (ORDER) 01.07.2025 01. Impugned in this appeal filed under Clause 12 of the Letters Patent is an Order dated 23rd of January, 2018 passed by the learned Single Judge in Contempt Petition No. 120/2010 titled ‘Mirza Imtiyaz Beigh v. Bashir Ahmad Khan & Anr.’, whereby the learned Single Judge has dismissed the Contempt Petition. 02. The Order impugned, on the face of it, is not appealable as the learned Single Judge has not passed the order in the exercise of jurisdiction to punish the contemnors. The learned Single Judge has also not returned any finding touching upon the merits of the controversy. The learned Single Judge has recorded its satisfaction that there is no wilful disobedience and non-compliance of the Judgment dated 20th of July, 2009 passed in OWP No. 107/2005 and has only dismissed the Contempt Petition. The legal position in this regard is no more res integra. 03. The appeal, therefore, is found to be not maintainable. The same is, accordingly, dismissed. Interim direction(s), if any subsisting as on date, shall stand vacated. 04. Needless to say that the dismissal of this appeal shall not come in the way of the Appellant herein to file a fresh Petition on fresh cause of action. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge SRINAGAR July 1st, 2025 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document