LADAKH AT SRINAGAR CM(M) No. 223/2025 CM No. 3615/2025 Khazir Mohammad Malik & Ors. v. UT of J&K & Ors.
Case at a glance
Outcome
Disposed of
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
Provisions considered
- Code of Civil Procedure, 1908 s. 151
- Constitution of India art. 227
Key paragraphs
- Para 55. 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…
Judgment
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
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.
The petitioners instead of approaching the appellate court have filed this petition under Article 227 of the Constitution of India, which is not maintainable.
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.
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.
Operative part
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.
Disposed of as above. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 08.07.2025 Manzoor
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: 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
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 151; Constitution of India — art. 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.