Nazir Ahmad And Another vs Gh.Rasool And Ors
2021 Latest Caselaw 290 j&K/2

                                                            Item No.207
                                                            Supplementary List
                                                            After Notice

         IN THE HIGH COURT OF JAMMU AND KASHMIR
                               AT SRINAGAR


                                                                 CFA 142/2015


Nazir Ahmad and Another                              ...Appellant(s)
       Through: Mr.M.Ashraf Bhat, Advocate

             V/s
Gh.Rasool and Ors                                ...Respondent(s)

      Through: Mr.M.Sultan, Advocate

CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                 ORDER

05.03.2021

1. Learned counsel for the parties have submitted that the settlement

between the parties with regard to the subject matter of this appeal has already

taken place and in this regard terms of settlement executed by the parties have

been already placed on record before this Court way back in the year 2016.

Learned counsel have further submitted that even the statements of the parties

have been recorded by the learned Registrar Judicial, Srinagar but somehow

the appeal could not be disposed of in terms of the said settlement in view of

either non-appearance of learned counsel for the parties or on account of the

case being not taken up by the Court.

2. Perusal of the record shows that parties have filed a compromise deed

dated 17.10.2016 before this Court. Statements of the parties touching the

contents of said compromise have been recorded by the Registrar Judicial on

14.03.2018. In their statements the parties have admitted the execution as well

as contents of the terms of the compromise as contained in compromise dated

17.10.2016. Even the statements of the learned counsel for the parties have

been recorded by the Registrar Judicial on the same date.

3. The record further shows that the instant appeal is directed against the

judgment and decree dated 16.07.2015 passed by the learned 1 st Additional

District Judge, Srinagar. The operative portion of the judgment and decree is

quoted as under:-

"It is worthy to state that issue numbers 1, 2, 3 &4 material in the case are decided in favour of plaintiffs and against the defendants. Thus a declaratory decree that plaintiffs alongwith 3 rd and 4th defendants are the inheritors of the net estate of Rahim Bhat (deceased) {excluding non testamentary disposition, if any, made by deceased during his life time} under Muslim Law of Inheritance is granted in favour of the plaintiffs. The shares distribution shall be that out of total 16 shares, 3rd defendant as widow shall obtain 4 shares, while as 1st and 2nd plaintiffs along with 4th defendant shall obtain 3 shares each and the remaining 3 shares shall be obtained equally by 3rd, 4th and 5th plaintiffs. Further the plaintiffs are entitled to the possession of the afore stated shares. Accordingly decree of declaration and possession in the aforesaid terms is granted in favour of the plaintiffs and against the defendants. Suit is disposed of. No order as to costs. Necessary decree sheet be drawn up accordingly. File after due compilation shall go to records."

4. By virtue of the compromise arrived at between the parties, the parties

have agreed to the following terms:-

"(i) The appellants will hold own and possess the entire inheritance of deceased Rahim Bhat whatever the deceased had left in the revenue estate of Gungbugh, Srinagar except the land holding of 01 kanal and 08 Marlas covered under Survey Nos. 330, 331 and 332 (old Survey No.308 situated in the revenue estabe Gungbugh Srinagar), which came to be inherited by the respondents except the father of the appellant No.1 Ghulam Ahmad Bhat. The respondents except Ghulam Ahmad Bhat shall share the inheritance in equal ratio as brothers and nephews shall inherit their respective share of their father rather the respondents 3, 4 and 5 sons of Ali Bhat shall share a single share. The respondents 1 and 2 shall also share one single share each out of 01 kanal and 08 marlas. This share holding of 01 Kanal and 08 Marlas which felt to the inheritance of respondents 1 to 5 shall be reflected in the revenue records as lawful owners in possession.

ii) The inheritance of the deceased Rahim Bhat whatever existed in the revenue estate Sepdan Galwanpora, Budgam measuring 03 Kanals and 18 Marlas covered under Survey No.399, 400, 413 and 414 in revenue estate Galwanpora stood shared by the widow of the deceased and the respondents except Ghulam Ahmad Bhat father of the appellant Nazir Ahmad Bat. However, the respondents 1 to 5 surrendered their part of share in lieu of cash payment in favour of Abdul Gaffar Bhat S/o Ghulam Ahmad Bhat R/o Sepdan Galwanpora, Budgam. The respondents along with Ghulam Ahmad Bhat shared the same in equal shares.

iii) It is further agreed that parties shall not interfere or cause any interference in the peaceful possession of the properties of one another. The appellants shall avail and enjoy the inheritance of deceased Rahim Bhat whatever is in possession of appellants in the revenue estate of Gungbugh except 01 kanal and 08 Mrlas assign to respondents.

iv) A partition wall is to be erected inter se share of respondents measuring 01 Kanal and 08 Marlas in the aforesaid Survey No.s and appellants after leaving two (2) feet land by respondents, the wall shall be erected by appellants, however, the wall shall be joint inter so parties."

5. In view of the fact that the parties to this appeal have entered into a

compromise, terms whereof have been admitted by them in their statements

recorded before the Registrar Judicial, the impugned judgment and decree

dated 16.07.2015, passed by the learned trial court, is required to be modified

accordingly.

6. Thus, the instant appeal is disposed of as having been settled in terms

of the compromise dated 17.10.2016 arrived at between the parties. The

judgment and decree dated 16.07.2015 passed by learned 1st Additional

District Judge, Srinagar shall stand modified to the extent indicated in the

terms of compromise as quoted in para (4) of this order. The aforesaid terms

of the compromise shall form part of the decree.

(SANJAY DHAR) JUDGE

SRINAGAR 05.03.2021 SARVEEDA NISSAR Sarveeda 2021.03.06 11:57 I attest to the accuracy and integrity of this document