MEHAK FAYAZ Vs. ZAHIDA

JUDGEMENT

(1.) This order would deal with three app+lications, one filed by applicants namely Zahida Shah wife of Shabir Ahmad Shah and Athar Shabir son of Shabir Ahmed Shah (hereinafter referred to as "the petitioners in MP No.1/2016) seeking recall of compromise agreement dtd. 15/12/2015 and the consequent order dtd. 15/12/2015 passed on the basis of said compromise, another application filed by the same petitioners seeking review of order dtd. 24/8/2018 and the third application (MP No.05/2018) filed by Mst. Sham-su-nisa, Dr. Tasnim Yaqoob, Tanveer Ahmad Dhar and Naseer Ahmad Dhar, seeking their impleadment as parties to the present proceedings. Before dealing with these applications, it would be apt to refer to the background facts leading to the filing of these applications.

(2.) It appears that a revision petition bearing No.43/1998 came to be filed by one Fayaz Ahmad before this Court against order dtd. 23/5/1998 passed by learned 1 st Additional District Judge, Srinagar, in an appeal titled "Fayaz Ahmad and Ors vs. Shabir Ahmad Shah and Ors". Challenge was also thrown to judgment dtd. 14/11/1995 passed by the learned City Judge, Srinagar, whereby application of the revision petitioner for setting aside exparte decree dtd. 26/11/1984 was dismissed. By virtue of order 23/5/1998, passed by learned 1st Additional Judge, Srinagar, the aforesaid order of learned City Judge, Srinagar, was upheld.

(3.) The subject matter of decree passed by learned City Judge, Srinagar, on 26/11/1984, was a shop situated at Residency Road, Srinagar. The said shop was originally under the tenancy of one Fayaz Ahmad S/o Gh. Nabi R/o Sanat Nagar, Srinagar along with Firdousa Begum W/o Hamidullah Khan and others, through their father, namely, Ghulam Nabi alias Nabji Furriers. A portion of the building in which the said shop was located was purchased by Shri Ghulam Hassan Shah, who happened to be the father of Shri Shabir Ahmad Shah. Petitioner Zahida Shah happens to be the wife of Late Shabir Ahmad Shah, petitioner Athar Shabir Shah happens to be his son whereas respondent No.14, Owais Shabir Shah, also happens to be his son.