1. Judgment dated 11.07.2012, passed by the Court of District Judge, Ganderbal, in Civil 1st Appeal titled Abdul Rashid Baba & ors v. Haleema Bano & anr based on compromise of the parties, is sought to be quashed, by medium of this writ petition.

2. When learned counsel for the petitioners was confronted with the position that the judgment and decree is based on compromise, whether writ petition on alleged disputes which are factual in nature, can be maintained, learned counsel submitted that the appeal against such judgment and decree will not lay, that is why he has chosen to file writ petition but it can be treated as a revision petition. In support, placed reliance on the judgment captioned Nawab Shaqafath Ali Khan & ors v. Nawab Imdad Jah Bahadur & ors reported in (2009) 5 SCC 162. Para 48 of the judgment is relevant to be quoted:

"48. If the High Court had the jurisdiction to entertain either an appeal or a revision application or a writ petition under Articles 226 and 227 of the Constitution of India, in a given case it, subject to fulfilment of other conditions, could even convert a revision application or a writ petition into an appeal or vice versa in exercise of its inhere

Click Here to Read the rest of this document