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2020 DIGILAW 38 (JK)

Shameema v. Masrat Ahmad Mir

2020-02-04

ALI MOHAMMAD MAGREY

body2020
JUDGMENT Writ petition is taken on Board. WP (C) No. 285/2019; 1. Petitioner present in person . 2. The petitioner has filed the instant writ petition, challenging the order of the learned Principal District Judge, Pulwama, passed on 05.09.2018 in civil appeal bearing File No. 17/A titled Zaffar Ahmad Mir & Ors vs Mst Shameema. In terms of the said order, the appellate court below while allowing the appeal filed against the order of court below i.e. Munsiff, 3. Pulwama passed on 11.07.2018, has set-aside the said order and the parties were directed to maintain the existing position on spot till final outcome of the suit. The learned Munsiff, Pulwama was directed to take up the matter on 27.09.2018 and expedite the decision of the case in view of the nature of the controversy having confronted the parties and make all endeavors to dispose of the suit expeditiously within six months from the date of receipt of the order. 4. The petitioner instead of pursuing the suit for seeking decision, has filed the instant writ petition, challenging the order of learned appellate court on the ground that same has been passed against law and has resulted in miscarriage of justice and is full of non-application of mind. 5. Without rendering any finding or making any observation, that may otherwise prejudice the interest of the parties, it shall be appropriate to dispose of this writ petition in the following terms; i. The learned Munsiff, Pulwama, is allowed to proceed in the matter and ensure that the decision is rendered in the suit within next six months. The learned Munsiff, Pulwama, shall ensure to have the matter expedited by regulating the dates on quarterly basis i.e. twice in a month. It is further provided that result orientated progress shall be made on each appointed date by the learned Munsiff, Pulwama. To monitor the progress of the suit qua the direction passed by this Court, it shall be the responsibility of the learned Munsiff, Pulwama to send the progress of the case on each date, to the Registrar (Judicial) of this Court, who shall for purposes of satisfaction place the same before this Court; ii. The learned Munsiff, Pulwama shall ensure that either party to dispute failing to adhere to the calendar, shall be liable to pay cost of Rs. 5000/- to the other party, on the date of non-appearance/ default; iii. The learned Munsiff, Pulwama shall ensure that either party to dispute failing to adhere to the calendar, shall be liable to pay cost of Rs. 5000/- to the other party, on the date of non-appearance/ default; iii. While disposing of the instant writ petition, it is provided that the parties shall maintain the existing position on spot with regard to the subject matter of the suit, till outcome of the suit. For ensuring implementation of this order, it shall be the responsibility of the Station House Officer (SHO) concerned to report compliance before the Munsiff, Pulwama. In the event there is any violation, learned Munsiff, Pulwama, shall proceed against the erring party and him/them for contempt of the court. The learned Pulwama shall issue notice for appearance of the parties, to be served through Process Serving Agency of District Court, Pulwama. The learned Principal District Judge, Pulwama is also directed to ensure that the parties shall appear before the learned Munsiff, Pulwama on 10.02.2020. iv. The Registrar (Judicial) shall send down the copy of this order to learned Principal District Judge, Pulwama and learned Munsiff, Pulwama by use of mechanism, which is available in the Registry. 6. In case Registrar (Judicial) has any difficulty to have the order conveyed to both the presiding officers, in that event, Process Serving Agency of District Court, Pulwama, shall be summoned for taking the order for service on both the presiding officers, by tomorrow. 7. With the aforesaid directions, the writ petition alongwith connected CM(s) shall stand disposed of accordingly. 8. In view of order passed hereinabove, the contempt petition shall stand settled accordingly.