Serial No. 04 Regular Cause List HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT SRINAGAR CCP (D) No. 33/2021 in LPAOW No. 77/2018 Mohammad Shafi Rather and Ors. … Petitioner(s) Through: - Mr Mian Tufail, Advocate. V/s Dheeraj Gupta and Ors. … Respondent(s) Through: - Mr Bikramdeep Singh, Dy. AG. CORAM: Hon’ble Mr Justice Sanjeev Kumar, Judge Hon’ble Mr Justice Sanjay Parihar, Judge (ORDER) 23.07.2025 01. It has been brought to our notice that the Court of learned City Judge, Srinagar is seized of Suit titled ‘Mohammad Shafi Rather and Ors. V. Dheeraj Gupta and Ors.’, in which the Petitioners herein have prayed for a decree of declaration declaring them to be the legal heirs of Late Habibullah Bhat @ Matta. The said Suit is stated to be at its final stage and is likely to be disposed of in near future. 02. It is submitted that on the basis of the decree, if any, passed by the civil Court, the Respondent-Srinagar Municipal Corporation should release the amount. 03. Be that as it may, the fact remains that in terms of the Order and Judgment dated 10th of July, 2019, the Respondent-Srinagar Municipal Corporation is under a legal obligation to refund the amount received from the deceased-Habibullah Bhat @ Matta, along with simple interest @ 7.5 per cent. 04. The only impediment that is highlighted by the Respondent- Srinagar Municipal Corporation in the way of payment of aforesaid amount is the identification of the legal heirs of the deceased Habibullah Bhat @ Matta. Since, the Suit is already pending before the civil Court, therefore, we dispose of this Contempt Petition and request the civil Court of learned City Judge, Srinagar to expedite the disposal of the aforesaid Suit. 05. Needless to say, on presentation of the decree, if any, passed by the civil Court, the Respondent-Srinagar Municipal Corporation shall consider the release of amount, along with interest, in terms of the Order and Judgment dated 10th of July, 2019 without any further delay. In case of any inaction on the part of the Respondent-Srinagar Municipal Corporation, the Petitioners shall be at liberty to approach this Court again. 06. Disposed of. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge SRINAGAR July 23rd, 2025 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document