Zia Un Nisa And Ors vs Public At Large
2026 Latest Caselaw 2159 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Zia Un Nisa And Ors vs Public At Large on 8 April, 2026

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                              Serial No. 29

   HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                  AT SRINAGAR
                       RFA 92/2024 CM(3283/2025)


ZIA UN NISA AND ORS
                                                   ...Petitioner/Appellant(s)
            Through:   Mr. Umer Ahmad, Adv.
                       Ms. Sabiya, Adv.

                                    VERSUS


PUBLIC AT LARGE

            Through:   None.
                                                           ...Respondent(s)
CORAM:
            HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE.
                                ORDER

08.04.2026

1. The appellants have challenged order dated 27-02-2024 passed by

learned Principal District Judge, Bandipora, whereby petition under

Section 214 (1)(b) of Succession Act for grant of succession certificate

in favour of the appellants herein has been dismissed by the learned

trial court.

2. Heard learned counsel for the appellants and perused the record.

3. It appears that predecessor-in-interest of the petitioners had filed a

complaint under Section 138 of Negotiable Instruments Act before the

court of learned Judicial Magistrate, Ist Class, Bandipora. It was

referred to the Special Lok Adalat for settlement. It also appears that the

complaint came to be disposed of in terms of settlement arrived at

between the parties to the complaint by way of award dated 11-11-2021

passed by the Lok Adalat.

4. It seems that after the passing of the award by the Lok Adalat, the

award-holder died, and the appellants, who claim to be the legal heirs of

the award-holder, filed an execution petition before the learned

Magistrate, which is stated to be pending in the said court. The legal

heirs of the Award holder-the appellants herein approached the court of

Principal District Judge, Bandipora, for grant of succession certificate so

as to enable them to collect the proceeds of the Award before the

Executing Court.

5. A perusal of the impugned order passed by the learned District Judge on

the petition for grant of succession certificate filed by the appellants

would reveal that the same has been dismissed on the ground that the

Lok Adalat, while recording the compromise between the parties, has

used the expression "dismissed" and, as such, there is not debt due to

the petitioners/ their predecessor-in-interest.

6. The aforesaid view taken by the learned District Judge appears to be too

technical because, when we read the award of the Lok Adalat as a

whole, it is clearly discernable that the parties have been directed to be

governed by the terms of the compromise, and the compromise deed has

been made part of the award. Merely because, due to inadvertence,

expression "dismissed" has been used by the members of the Lok

Adalat does not disentitle the petitioners from the fruits of the award.

The reasons adopted by the learned District Judge, Bandipora, in

dismissing the petition are not sustainable in law.

7. In view of the above, the instant appeal is allowed and the impugned

order passed by the learned Principal District Judge, Bandipora, is

set aside. The matter is remanded to the said court for decision of the

petition for succession certificate filed by the appellants on its merits in

accordance with law.

(Sanjay Dhar) Judge

SRINAGAR 08.04.2026 Sarvar