CUSTODIAN EVACUEE PROPERTY Vs. GH NABI DAR

JUDGEMENT

(1.) IN LPA No.169/2004, entitled, Custodian Evacuee Property vs Ghulam Nabi Dar, which is pending disposal, two CMPs No. 128/2006 and 525/2006 were filed. Through CMP No. 128/2006 the parties jointly prayed for acceptance of out of court settlement and for adjustment of their rights in terms thereof in the LPA as well as OWP No.480/2003 and OWP No.454/2005. Whereas in CMP No.525/2006 one of the parties, i.e., Custodian Evacuee Property, Kashmir, sought to withdraw from the settlement.

(2.) THE learned Judges of the Division Bench being equally divided in their findings have arrived at different conclusions in regard to the acceptance of settlement vide their separate orders dated 15.9.2007, hence the present reference in terms of Rule 36(2) of J&K High Court Rules.

(3.) THE dispute between the parties relates to the land measuring 37 kanals 5 marlas comprising in Survey No. 1083 (7 kanals 11 marlas); Survey No. 1100 (2 kanals 18 marlas); Survey No. 1109 (3 kanals 8 marlas); total: 13 kanals 8 marlas, which is subject matter of OWP No.480/2005. And Survey No.1084 -Min (4 kanals 14 marlas); Survey No. 1085 (4 kanals); Survey No. 1096 -Min (1 kanal); Survey No. 1082 (2 kanals 6 marlas); Survey No. 1070 (1 kanal 17 marlas); Survey No. 1073 (2 kanals 16 marlas;); Survey No. 1074 (10 marlas); 1075 (9 marlas) and Survey No.1101 (5 kanals 16 marlas); total: 23 kanals 8 marlas, which is subject matter of OWP No.454/2005.