The High Court settled and disposed of a writ petition where both parties represented that the previous directions of the court regarding land construction compliance had been fully fulfilled. The court expressly reserved its opinion on the merits of the underlying pending trial court proceeding.
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Supp List 1 Serial No. 22
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM (M) No. 134/2021 CM No. 6125/2021
Sardar Amanullah Khan
Petitioner(s)/ Appellant(s)
Through: -
Mr Z.A. Qureshi, Sr. Advocate with Mr S. H. Thakur, Advocate. V/s
Mohammad Asgar Khan and Others
…..Respondent(s)
Through: - Mr. B. A. Dar, Sr.AAG for R 8. Mr Zubair Ahmad, Advocate for R 1.
CORAM:
Hon’ble Mr. Justice Javed Iqbal Wani, Judge.
ORDER
03.12.2021
After arguing for a while, Mr B. A. Dar, Sr. AAG,-counsel for the respondent No. 8 invited the attention of this court to compliance report filed in compliance to directions passed by this court on 15.09.2021 whereunder it is being stated that the land in question is disputed and that nobody is allowed to make any further construction on it and that direction passed by this court stands complied with in letter and spirit.
Mr Z. A. Qureshir, Sr. Advocate-counsel for the petitioner expresses satisfaction about the compliance report filed by respondent No. 8.
Mr Zubair-counsel for the respondent No. 1 endorses and acknowledges the position as reported in the compliance report filed by respondent No. 8 and would contend that orders passed by the trial court as also by this court stands complied with and that instant petition, as such, needs no adjudication.
Mr Z. A. Qureshi, counsel for the petitioner admits the position and states that in view of compliance report nothing survives for the adjudication in this petition.
Having regard to aforesaid facts and circumstances, the petition shall stand settled in view of statement of appearing counsel for the parties that nothing survives for adjudication in the petition.
Disposed of.
It is made clear that this order shall not be construed to be expression of any opinion about the merits of the case which is stated to be pending
before the trial court (Sub Registrar, Srinagar).
(Javed Iqbal Wani) Judge
Srinagar
03.12.2021
“ Ishaq ”
ISAQ HAMEED BHAT 2021.12.04 15:36 I attest to the accuracy and integrity of this document
Sardar Amanullah Khan
Mohammad Asgar Khan
Javed Iqbal Wani
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
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