LAWS(J&K)-2025-1-7

MUSHTAQ AHMAD BHAT Vs. SHEERAZA AKHTER

Decided On January 02, 2025
MUSHTAQ AHMAD BHAT Appellant
V/S
Sheeraza Akhter Respondents

JUDGEMENT

(1.) These are the three connected matters clubbed together and have come up for consideration before this Court. Same are proposed to be disposed of by this common judgment.

(2.) In essence, the issue involved in all the three petitions revolves around authenticity of a written compromise arrived at between the petitioner-Mushtaq Ahmad Bhat (husband) and respondent No.1- Sheeraza Akhter (wife), which formed the basis for passing of the Award dtd. 10/2/2018 by the Lok Adalat at Pulwama.

(3.) Through the medium of one of the connected petition CM(M) No. 45/2019, the petitioner invokes the power of superintendence of this Court vested under Article 227 of the Constitution of India to assail the order dtd. 27/7/2019 (impugned herein) passed by the court of learned Sub Judge/Special Mobile Magistrate, Pulwama (Trial court) in File No. 30/Meem titled 'Sheeraza Akhter Vs. Mushtaq Ahmad Bhat', mainly on the ground that the said order has been passed despite the fact that the award of the Lok Adalat dtd. 10/2/2018, is the subject matter of challenge in a connected petition OWP No. 147/2018, wherein this Court while issuing notices to the other side has stayed the execution of non- bailable warrants issued against the petitioner, subject to depositing of Rs.25,000.00 before the court below, which is stated to have been deposited, but the learned trial court is still proceeding ahead with the execution proceedings and adopting coercive measures for execution of the award dtd. 10/2/2018 of the Lok Adalat.