Mst. Nisara Razak vs Gul Zaffar And Anr
2023 Latest Caselaw 55 j&K/2

                                                      S.No. 10
                                                      After Notice



      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR

                                              CCP(S) No. 341/2021


Mst. Nisara Razak                        ...Petitioner/Appellant(s)
                       Through: Mr. Adil Asmi, Advocate

                             V/s

Gul Zaffar And Anr.                             ...Respondent(s)
                       Through: Mr. Prince Hamza, Advocate

CORAM: HON'BLE MR JUSTICE WASIM SADIQ NARGAL, JUDGE.

                             ORDER

06.02.2023

This Court vide order dated 30.08.2022 has observed that in absence

of any interim directions from the Division Bench, the best the respondents

can do is to comply with the judgment, and keep the order passed in favour

of the petitioner in compliance thereto, subject to the outcome of the LPA

that is claimed to have been filed by the respondents. Accordingly, four

weeks last and final opportunity was granted to the respondents to either

produce before this Court the interim directions, if any, passed by the

Division Bench in the appeal filed by the respondents , or submit

compliance of the judgment and it was made clear that in case the needful

was not done, Registrar SKUAST was directed to cause appearance on next

date of hearing i.e 20.10.2022.

The aforesaid direction was reiterated by this Court on 25.11.2022

and directed personal appearance of Registrar SKUAST before this Court

on the next date of hearing i.e 06.02.2023.

Today, when the case was taken upon, the orders which is sought to

be complied with has not been complied with. Neither the compliance

report has been filed nor the respondents has produced any order staying

the judgment passed by the learned Single Judge in the appeal which has

been preferred by the respondents. Even the Registrar SKUAST is also not

present in Court in terms or order dated 30.08.2022 which was reiterated

on 25.11.2022. This Court is left with no other option but to procure the

presence of the Registrar SKUAST on Friday i.e 10.02.2023 to explain why

contempt proceedings may not be initiated against him for the wilful

disobedience and non-compliance of order dated 30.08.2022 which was

reiterated on 25.11.2022. It is made clear that in case if the compliance is

filed by or before next date of hearing i.e on 10.02.2023 Registrar SKUAST

may not appear before the Court.

List on 10th February 2023.

In the meantime, learned counsel for the respondents is directed to

file compliance report positively by or before next date of hearing.

(WASIM SADIQ NARGAL) JUDGE SRINAGAR 06.02.2023 "Nuzhhat"