NAZIR AHMED SHAH Vs. HALIMA

JUDGEMENT

(1.) BY medium of this Revision petition orders dated 2.6.2008 and 18.6.2008 passed by Learned 2nd Additional Munsiff Srinagar, in the suit captioned Mst Haleema v. Nazir Ahmad Shah and others are impugned. For appreciating the controversy in its right direction it shall be quite relevant to notice the precise factual matrix of the case. One Ghulam Nabi Shah has died, survived by two daughters and two sons. The deceased has among other properties left behind one Kanal of land as well as three Storeyed building with Attic constructed thereon. The said building is used as a hotel and is run under the style 'Sterling Hotel'. The said hotel building was occupied by Government Polytechnic College for Women during the years 1992 -1995. Thereafter was leased out to State Forest Corporation and remained under its occupation from the year 1996 to the year 2004. Thereafter is run as a hotel by the parties.

(2.) REGARDING accounts, dispute arose. Suit filed Mst. Haleema v. Nazir Ahmad Shah and others stand instituted before the Court of 2nd Additional Munsiff for rendition of accounts and perpetual injunction. Alongside suit, application for appointment of receiver also stand filed. During the course of the proceedings of the suit respondent No.2 (defendant No.2) filed the written statements on 17.6.2008, at the same time counsel for the parties agreed for appointing advocate Ghulam Hassan Masoodi as arbitrator. The order recorded on 17.6.2008 is in Urdu version. The English version of which reads as under:

(3.) LEARNED Munsiff has not stopped there but has also opined about the merit of the matter by stating that the parties are entitled to their respective shares and has further decided the application for appointment of receiver, whereunder has appointed the arbitrator as receiver. Further has also stated that the Commissioner appointed vide order dated 2.6.2008 shall furnish requisite report to the arbitrator.