KHAZIR MOHAMMAD MALIK AND ORS. v. UNION TERRITORY OF J AND K AND ORS. (RURAL DEVELOPMENT)
CM(M)/223/2025 · 2025-07-08
Vinod Chatterji Koul
body2025
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[ 2025 DAILYLAW 7707 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 7707 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 1 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM(M) No. 223/2025 CM No. 3615/2025
Khazir Mohammad Malik and Ors. …Appellant/Petitioner(s) Through: Mr. Javeed Ahmad Parray, Advocate Vs. UT of J&K and Ors. ...Respondent(s) Through: Mr. Younis Ahmad, Assisting Counsel vice Mr. A. R. Malik, Sr. AAG
CORAM:
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
O R D E R 08.07.2025
1. Quashing of Order dated 16.05.2025 passed by the Court of Additional District Judge, Baramulla (for short “Appellate Court”), in an application filed under Section 151 CPC titled as “UT of J&K and Ors. vs. Khazir Mohammad Malik and Ors.” whereby operation of order dated 21.04.2025 passed by Trial Court in execution petition was stayed till next date of hearing, is sought for in this petition.
2. The petitioners instead of approaching the appellate court have filed this petition under Article 227 of the Constitution of India, which is not maintainable.
3.
Learned counsel for the petitioners after arguing for a while, submits that petitioners would feel satisfied if this petition at this stage is
disposed of by directing the appellate court to consider the appeal pending before it expeditiously.
4. It is informed by learned counsel for the respondents that appeal before the appellate court is listed today. Learned counsel for the petitioners submits that objections to the application for condonation of delay in filing the appeal as well as application for grant of interim relief are yet to be filed by petitioners.
5. Having regard to the submissions made by learned counsels for the parties, this petition is disposed of by providing that after filing the objections by petitioners herein, if they choose so, the Appellate Court shall consider and decide the appeal pending before it expeditiously without giving any unnecessary adjournments.
6.
Disposed of as above.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR 08.07.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 09.07.2025 10:17