HAJI AB AHAD SHEIKH Vs. PIR GH MOHD

JUDGEMENT

(1.) THESE appeals arise out of orders passed by the executing court and will be decided by on common judgment as the points involved are the same. The appeals arise in the following circumstances.

(2.) THERE appears to have been a serious dispute regarding the management of Ziarat Makhdoom Sahib between the Intizamia Committee, the Khadims and other persons. A suit was filed which was ultimately referred to arbitration and an award was given by Mr. M. M. Siddiqui the then Financial Commr. A decree was passed by the trial court laying down a detailed scheme for the management of the Ziarat which was passed on

(3.) -10 -64 and thereafter various parties to the decree filed five execution applications before the executing court for implementing the provisions of the award of Mr. Siddiqui as embodied in the decree and the only objection pressed before us was that the decree laying down a scheme for management of the Ziarat was purely declaratory in nature and was not executable. The executing court of the District Judge Srinagar after considering the arguments of the objectors rejected their contention and held that the decree was executable and the parties concerned were directed to perform their respective functions. Against this order of the District fudge dated 20 -6 -67 the present appeals have been filed before us. 3.While the appeals were pending in this court some of the respondent namely, Pir Mohd. Shah, Syed -ud -Din and G. M. Shah died on various dates and the respondents took a preliminary objection that since the application for substitution of the heirs was made beyond time, the appeals had abated. The appellants however disputed the date of death of the respondents (deceased) and pleaded their knowledge within the period of limitation. In view of the serious controversy between the parties on this point we remitted the matter to the District Judge for an inquiry as to the date of death of the deceased respondents and the date when the appellants acquired knowledge of the same. The finding has now been received from the District Judge which is against the appellants.