Haji Mohammad Maqbool Nath vs. The State Of Jammu And Kashmir

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice
Case Status:Disposed
Order Date:3 Feb 2023
CNR:SCIN010018092023

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Order Issued After Hearing

Purpose:

First Hearing

Listed On:

3 Feb 2023

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Order Text

ITEM NO.31 COURT NO.5 SECTION XVI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 1809/2023

(Arising out of impugned final judgment and order dated 14-05-2019 in LPA No. 107/2019 & 25-11-2022 in RP No. 24/2019 passed by the High Court Of Jammu & Kashmir And Ladakh At Srinagar)

HAJI MOHAMMAD MAQBOOL NATH Petitioner(s)

VERSUS

THE STATE OF JAMMU AND KASHMIR & ORS. Respondent(s)

( IA No.15350/2023-CONDONATION OF DELAY IN FILING )

Date : 03-02-2023 This petition was called on for hearing today.

  • CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MS. JUSTICE BELA M. TRIVEDI
  • For Petitioner(s) Mr. Salman Khurshid, Sr. Adv. Mrs. Naghma Imtiaz, Adv. Mr. Zargham Ahmed, Adv. Mr. Saif Naseem, Adv. Mr. Ishu Dixit, Adv. Ms. Arushi Jain, Adv. M/S. Equity Lex Associates, AOR
  • For Respondent(s) Mr. Ashwani Kumar, AOR Ms. Iti Sharma, Adv. Mr. Puneet Sharma, Adv. Mr. Anshay Dhatwalia, Adv.

UPON hearing the counsel the Court made the following O R D E R

We have heard the learned counsel for the petitioner and also the Caveator.

Before going into merits of the matter, we take into consideration the fact that this on going litigation is between the siblings. It is always adviseable to explore the possibility to resolve their on going dispute. Digitally signed by Ashwani Kumar Date: 2023.02.04 13:38:48 IST Reason: Signature Not Verified

Learned counsel for both the parties jointly submit that if the matter is referred to the Mediation Center, there is a possibility to find out some amicable solution to resolve their dispute.

The matter is referred to the Mediation Center attached to the Jammu & Kashmir High Court and we request the High Court to appoint some senior mediator.

The parties may appear before the Coordinator, Mediation Center attached to Jammu & Kashmir High Court on 13.03.2023 at 11.00 a.m.

After culmination of mediation proceedings, a report be submitted to this Court.

List immediately after receipt of mediation report.

In the meantime, there shall be stay of all the pending proceedings in the High Court arising out of this subject dispute inter se between the parties, until further orders.

(VIRENDER SINGH) (ASHWANI KUMAR) BRANCH OFFICER ASTT. REGISTRAR-cum-PS