MOHD. SHAFI BHAT Vs. MOHD. AHSAN BHAT

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 22nd December, 2006 passed by learned District Judge, Budgam, in Civil Miscellaneous Appeal No. 11 titled Mohammad Shafi and others v. Mohammad Ahsan Bhat and others, read with order dated 20th June, 2006 passed by learned Sub- Judge (CJM), Budgam, in suit titled Mohammad Shafi Bhat and others v. Mohammad Ahsan Blurt and otters.

(2.) HEARD . It appears that plaintiff Ghulam Ali Bhat filed a suit titled Ghulam Ali Bhat v. Mohammad Ahsan Bhat along with an application for grant of interim relief which came to be disposed of vide order dated 8th July, 2004. During the pendency of the suit an application came to be filed by defendants for execution of the order through police which came to be granted vide order dated 20th June, 2006. The plaintiffs filed miscellaneous appeal assailing the order dated 20th June, 2006, which came to be dismissed vide order dated 22nd December, 2006 by the learned District Judge, Budgam, while holding that impugned order is revisable and not appealable.

(3.) LEARNED Counsel for the parties argued that order passed by Sub-Judge is appealable.