NIGHAT BAKSHI Vs. HABIB-ULLAH BHAT

JUDGEMENT

(1.) THIS is a motion for admission of a peculiar type of appeal, termed also wrongly as Civil Second Miscellaneous Appeal, and is directed against the order of the learned District Judge, Srinagar dated 7 -12 -1984 staying execution of an exparte decree for recovery of possession of suit shop, passed by the learned Sub Judge (Chief Judicial Magistrate) Srinagar on 13 -10 -1984.

(2.) THIS appeal came up for consideration of admission on SO when Mr. Qayoom accepted notice. By this order the question of its admission is to be disposed of.

(3.) STRANGELY enough the Civil Misc. Petition No. 463 of 1984 filed in this appeal was listed as far back as on 21 -12 - 1984 before Honble Justice Gupta without listing the main appeal which was listed only on 30 - 7 - 1985. In the said C. M. PÂ ». order of the District Judge, Srinagar, as mentioned above was stayed.