HALEEMA BANO & ANR. Vs. HAJIRA & ORS.

JUDGEMENT

(1.) Judgment dated 11.07.2012, passed by the Court of District Judge, Ganderbal, in Civil 1st Appeal titled Abdul Rashid Baba & ors Vs. Haleema Bano & anr based on compromise of the parties, is sought to be quashed, by medium of this writ petition.

(2.) When learned counsel for the petitioners was confronted with the position that the judgment and decree is based on compromise, whether writ petition on alleged disputes which are factual in nature, can be maintained, learned counsel submitted that the appeal against such judgment and decree will not lay, that is why he has chosen to file writ petition but it can be treated as a revision petition. In support, placed reliance on the judgment captioned Nawab Shaqafath Ali Khan & ors Vs. Nawab Imdad Jah Bahadur & ors, 2009 5 SCC 162. Para 48 of the judgment is relevant to be quoted:

(3.) In view of the submission made by the learned counsel for the petitioners, this writ petition is treated as a revision petition, so has to be dealt with in accordance with the provisions of Section 115 CPC.