HABIB DAR Vs. MOHD AKBAR DAR

JUDGEMENT

(1.) HEARD Mr. Khan.

(2.) MR . Khan projects that a suit was instituted in the court of Sub -Judge, Kupwara wherein interim direction was passed, which interim direction was being flouted time and again by the respondents/non -applicants which constrained the court of Sub -Judge, Kupwara to pass an order on 31 -5 -1994 to appoint a receiver of the property and to take the property in dispute in receiver ship only to see that the orders passed by the court were being adhered to and respected, which allegedly were being flouted with impunity by the respondents.

(3.) MR . Khan submits that this order was passed by the learned court by virtue of the powers vested in it under section 151 CPC, as the language of the order also suggests like that. His further contention is that as because the order passed by learned Sub -Judge on 13 -5 -1994 was an order passed under the discretionary powers vested in him under Section 151 C.P.C., no appeal or revision would lye against such an order, but even then appeal seems to have been preferred before learned District Judge, Kupwara who has passed the impugned order on 15 -7 -1994 and it is against this order, which has been passed by learned District Judge which is subject to objections of other side, that the present revision petition has been filed.