HABIBULLAH SHORA Vs. JALLA BANO

JUDGEMENT

(1.) Revision Petitions Nos. 48/2001 and 49/2001 have been filed to set aside the order passed by the III Additional District Judge, Srinagar dated 31-5-2001 to two civil suits titled Jalla Bano v. Habib Ullah Shora and Gh. Mohi-ud-Din v. Habibullah Shora. By this common order I propose to dispose of both the revision petitions.

(2.) The parties are locked in litigation for more than 29 years over the ownership rights of a house situated at Jawahar Nagar, Srinagar. It appears that proceedings under Section 145, Cr. P.C. were also initiated in the year 1975 in respect of this property and the contest was taken right up to the Apex Court. The Apex Court in Criminal Appeal No. 20 of 1975 by order dated 3-3-1976 directed as under :- The appellants shall continue in possession of the disputed property as agents of the Nazir who has been appointed as custodian by the Criminal Court under Section 145 of the Code of Criminal Procedure. The appellants agree and undertake to this Court that if their suits are dismissed by the trial Court, they shall hand over vacant and peaceful possession of the suit property to the Nazir who in turn shall hand over possession to respondent No. 2. We reserve liberty to the parties and to the Nazir to apply to the learned Magistrate for appropriate directions as and when necessary. The Civil Suit filed by the first appellant for establishing her title to the property shall be disposed of by the trial Court, as far as possible, within four months from today. The Civil Court in which the suit filed by the first appellant is pending shall, if necessary, allow the first appellant to amend the plaint so as to put the title in issue in the suit. With these observations the appeal stands disposed of. The proceedings under Section 145, Code of Criminal Procedure, shall be treated as closed on the disposal of the two suits pending in the Civil Court."

(3.) While deciding the appeal, the Apex Court firmly directed that the civil suits be decided within four months from 3-3-1976. The civil suits were not decided within this period. Instead a transfer application seems to have been made by the respondents before the Hon'ble Chief Justice of this Court which was decided vide order dated 8-10-1984 in the following terms :