MOHD. RAJAB DAR Vs. GH. MOHAMMAD DAR

JUDGEMENT

(1.) Impugned are the two orders passed by appellate court (Id. District Judge, Budgam), one dated 01.01.2015 where-under Misc. Appeal has been dismissed and another dated 3rd Feb., 2015 where-under application seeking clarification of the order dated 01.01.2015 has been disposed of.

(2.) On 30th July, 2015, petition was adjourned so as to enable learned counsel for the petitioner to justify maintainability of the revision petition in view of amendment to Sec. 115 CPC. When again matter was taken up on 31st July, 205. Learned counsel conceded that the revision petition is not maintainable in view of Division Bench judgment of this Court, however, he prayed for conversion of revision petition to petition under Sec. 104 of the Constitution of J&K. Case, as such, was adjourned to be listed on 4th August, 2015 so as to enable the Id. Counsel to satisfy the Court that such conversion is permissible.

(3.) While hearing learned counsel for the petitioner on the question of conversion of revision petition into petition under Sec. 104 of the Constitution of J&K, need arose for hearing the matter on merits so as to ascertain whether grounds exist for invoking powers under Sec. 104.