ALI MOHAMMAD MAGREY
Mushtaq Ahmad Dar – Appellant
Versus
State of J&K – Respondent
1. The petitioner/respondent in CIA No. 108/2016, through the medium of the instant review petition, seeks review of final judgment of this Court dated 8th of November, 2017, passed in CIA No. 108/2016, operative portion whereof reads as under:
“In the result, the appeal is allowed, the impugned Judgment and decree is set aside and the matter is remitted back to the Civil Court for deciding the civil suit of respondent-plaintiff afresh in accordance with law. Parties shall appear before the Court below on 13.11.2017. Any amount deposited on account of Judgment and decree passed by the civil Court before this Court or civil Court shall stand released in favour of the appellants.”
2. Mr. Qayoom, the learned counsel for the review petitioner/respondent in the appeal, submits that the appeal filed by the appellants/respondents herein was not maintainable in view of the fact that the appellants had challenged the judgment and decree as well as the order passed in execution petition by medium of an appeal. In that backdrop, the learned counsel contends that the Court has, thus, passed the impugned judgment in an appeal which was, in fact, no appeal in the eyes of law. The learned
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