Mst. Masooda And Others vs State Of Jk And Others
2021 Latest Caselaw 710 j&K/2

Citation : 2021 Latest Caselaw 710 j&K/2
Judgement Date : 6 July, 2021

Jammu & Kashmir High Court - Srinagar Bench

Mst. Masooda And Others vs State Of Jk And Others on 6 July, 2021

                Serial No. 205
                After Notice.
                Cause List.
                                  HIGH COURT OF JAMMU AND KASHMIR
                                            AT SRINAGAR
                                                 ....

RPOWP no. 12/2018 Mst. Masooda and others ....... Petitioner(s) Through: Mr. Salih Pirzada, Adv.

Versus State of JK and others ........ Respondent(s) Through: None CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ORDER.

06.7.2021 The short grievance projected by the petitioners in this review petition is that the petitioners had called in question a Decree passed by the National Lok Adalat, after hearing the parties in the suit, amicably settling the issue.

It is submitted that the aforesaid decree was obtained by the parties to the suit to defeat the rights of the petitioners. It is further submitted that the only remedy to challenge the decree of the National Lok Adalat was by way of filing writ petition before this Court which was dismissed by this Court vide judgment under review on the ground that decree was binding only on the parties to Suit and not the petitioners.

Having heard counsel for the petitioners and after going through the record, I find no good ground to review the judgment dated 04.5.2018. This Court in paragraph 5 has already held that the impugned decree is a decree in personam and therefore, would bind only the parties thereto.

Indisputably, petitioners were not a party in the suit, therefore, a decree which was passed by the National Lok Adalat would bind only the parties to the suit and not petitioners, nor the said decree would in any manner affect the right of the petitioners, if any, quo the subject passage.

In view of the aforesaid categorical observations made in the judgement, the grievance projected in the review petition is totally mis- conceived. This petition is, thus, found without any merit and same is accordingly, dismissed.

(Sanjeev Kumar) Judge Srinagar 06.7.2021 Imtiyaz

IMTIYAZ UL GANI 2021.07.08 14:27 I attest to the accuracy and integrity of this document