Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) 115/2024 in[OWP 1466/2016].

MST. HAJIRA.

…Petitioner(s)

Through: Mr. Rizwan ul Zaman, Advocate.

VERSUS SAJAD AHMAD WANI.

Through: Mr. Faheem Nisar Shah, Government Advocate.

…Respondent(s)

CORAM:

HON’BLE MR. WASIM SADIQ NARGAL, JUDGE

ORDER

18.11.2025

01.

The instant contempt petition arises out of the order/judgment passed by this Court dated 12^th of December, 2023 passed in OWP No. 1466/2016 by virtue of which the following directionswere issued:

4. Learned counsel for the contesting parties have reached to a consensus that this petition can be disposed of by removing the observations made by the Financial Commissioner Revenue in the impugned Order with regard to the consideration of the 1/3^rd of the property based on 'Will Deed' and application of Shariat Law while conducting de novo enquiry by Tehsildar, for fresh mutation. This Court is of the opinion that the matter can be left open to Tehsildar concerned while conducting de novo enquiry with regard to the rival claims including that of applicability of Muslim Personal Law or even the Customary Law, if applicable to the parties.

5. Having regard to the pleadings and submis