Mukhtar Bin Sidiq vs Chairman Board Of Trustees ...
2021 Latest Caselaw 1414 j&K/2

                                                      S. No.23
                                                      After Notice Matters
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
            AT SRINAGAR

                                                               CSA No. 1/2019


Mukhtar Bin Sidiq                                .....Petitioner/Appellant(s)


                         Through: Mr. Zahoor.A Shah, Advocate.
V/s

Chairman Board of Trustees Institute of
Medical Sciences and Anr.                                   ..... Respondent(s)

                         Through: Mr. W.M. Shah, Advocate.
CORAM:
      HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE


                                   ORDER

10.11.2021

Heard learned counsel for the parties and perused the record.

Following substantial question of law emerges and is framed for

consideration in the instant Civil 2nd appeal.

"Whether non issuance of declaration for seeking enforcement

of contract of personal service would operate as a bar to the

Court from exercising its jurisdiction to declare any action

illegal and in-operative while exercising its power under

section 42 of the Specific Relief Act, and if no, whether both the

courts below in the facts and circumstances of the case grossly

erred while passing impugned judgments and decrees".

Hear. Admit.

Post admission notice waives by Mr. W.M. Shah, learned counsel for

the respondents.

CM No. 232/2019.

The operation of the impugned judgments and decrees dated

23.06.2016 and 12.10.2018, passed by the Court below shall stay.

Registry to send for the record of the Trial and Appellant Court.

List for final hearing on 07.04.2022.

(JAVED IQBAL) JUDGE SRINAGAR 10.11.2021 "Nuzhat"