MEHRAJ AHMAD GANAI Vs. SARA BEGUM

JUDGEMENT

(1.) By virtue of the present judgment, the afore-titled two petitions, one filed by the appellants before the Appellate Court and the other filed by respondents before the Appellate Court, impugning order dtd. 11/3/2025 passed by the Principal District Judge, Kulgam (hereinafter referred to as "the Appellate Court") are proposed to be disposed.

(2.) It appears that a suit came to be filed by Mst. Sara Begum (petitioner No.1 in CM(M) No.136/2025) before the Court of learned Sub Judge, Kulgam, challenging decree dtd. 12/10/1998 passed in the case titled Mehrajdin Ganai (minor) and another through mother Mst. Nabiza vs. Mohammad Ramzan Ganai, which pertained to land measuring 22 kanals, 8 odd marlas falling under different survey numbers situated at Village Mah Tehsil Qaimoh District Kulgam. In the said suit, the petitioners in CM(M) No.185/2025 were impleaded as contesting defendants. However, the said suit of plaintiff Sara Begum came to be dismissed by the Court of learned Sub Judge, Kulgam (for short "the trial court") by virtue of judgment and decree dtd. 27/3/2018.

(3.) The aforesaid judgment and decree passed by the learned trial court came to be challenged by plaintiff Sara Begum by way of an appeal before the Appellate Court. It appears that during the pendency of the appeal, learned counsels for the parties informed the appellate court that the parties have entered into a compromise and in this regard they also produced a compromise deed before the learned Appellate Court. It was recorded by the learned Appellate Court that in view of the compromise arrived at between the parties, the appellants have prayed that the appeal be dismissed as withdrawn and, accordingly, the appeal came to be dismissed as withdrawn by virtue of order dated 23-01- 2019 passed by the learned Appellate Court.