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2001 Supreme(J&K) 286

IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Muzaffar Jan, J.
Habibullah Shora - Appellant
Versus
Jalla Bano & Anr. - Respondent
Cr. No. 48/2001
Decided On : 19 November, 2001

Advocates Appeared:
Advocate For Appellant: B.A. Bashir
Advocate For Respondent: M.A. Qayoom

Headnote:A. Cr. Procedure Code - Section 435.

       Judgment : Whether direction can be given to a presiding officer to announce the judgment who has heard the arguments but had been promoted before announcing the judgment. (Para 12).

       Held - No.

       B. Cr. Procedure Code-Section 435.

       Non Compliance: High Court passed order and directed trial court to decide case within 10 days - Trial Judge did not comply order - Non-decision of case directions given to take action against trial judge (Para 16)

1. Revision petition Nos. 48/2001 & 49/2001 have been filed to set aside the order passed by the III Additional District Judge, Srinagar dated: 31-05-2001 in two civil suits titled Jalla Bano Vs. Habibullah Shora and Gh. Mohi-ud-din Vs. Habibullah Shora. By this common order I propose to dispose of both the revision petitions.

2. The parties are locked in litigation for more than 29 years over the ownership rights of a house situated at Jawahar Nagar, Srinagar. It appears that proceedings under Section 145 Cr.PC were also initiated in the year 1975 in respect of this property and the contest was taken right up to the Apex Court. The Apex Court in Criminal Appeal No. 20 of 1975 by order dated: 03-03-1976 directed as under:-

The appellants shall continue in possession of the disputed property as agents of Nazir who has been appointed as custodian by the Criminal Court under Section 145 of the Code of Criminal Procedure. The appellants agree and undertake to this court that if their suits are dismissed by the trial court, they shall hand over vacant and peaceful possession of the suit property to the Nazir who in turn shall hand over possession to respondent No. 2. We reserve liberty to the parties and to the Nazir to apply to the learned Magistrate for appropriate directions as and when necessary. The Civil Suit filed by the first appellant for establishing her title to the property shall be disposed of by the trial court as far as possible within four months from today. The Civil Court in which the suit filed by the first appellant is pending shall, if necessary, allow the first appellant to amend the plaint so as to put the title in issue in the suit. With these observations the appeal stands disposed of. The proceedings under Section 145 Code of Criminal Procedure, shall be treated as closed on the disposal of the two suits pending in the Civil Court.

3. While deciding the appeal, the Apex Court firmly directed that the civil suits be decided within four months from03-03-l 976. The civil suits were not decided within this period. Instead a transfer application seems to have been made by the respondents before the Hon™ble Chief Justice of this Court which was decided vide order dated: 08-10-1984 in the following terms:

M/s K.N. Raina and K.N. Bhat, Advocates, appearing for the respondents have no objection to the prayer being allowed. The petition is accordingly allowed and it is directed that the learned Chief Judicial Magistrate (Sub-Judge), Srinagar, shall hear the arguments in the suit titled Mst. Jalla Begum Vs. Habibullah Shora & Ors and dispose of the suit expeditiously and as far as possible within a period of three months from today.

4. By this order the Sub-Judge (Chief Judicial Magistrate), Srinagar, was directed to decide the suit within a period of three months from 08-10-1984. The controversy was not settled within this period, but another transfer application No. 15/85 seems to have been filed by the respondents before the Hon™ble Chief Justice of this Court, which was decided vide order dated: 20-07-1985. The transfer application was rejected with the direction to the learned Sub-Judge (Chief Judicial Magistrate), Srinagar, to decide the suits on or before 10-08-1985. It seems that an application for extension of time to decide the matter was submitted by respondents under No. 282/85 which was allowed with the specific direction to the trial court to decide the controversy by 31 -08-1985. The suits were, however, not decided by the date stipulated by this Court, yet another transfer application was submitted by the respondents before the II Additional District Judge, Srinagar, under File No. 2 87 which was also rejected on 26-10-1987 by the said court. Against this order of rejection revision petition No. 185/1987 was submitted before this Court which was rejected vide order dated: 31-03-1988 with direction to the trial court to prepare and announce the judgment as early as possible under intimation to the Registr

























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