Jammu & Kashmir High Court – Srinagar Bench
Mohammad Shafi Rather And Ors vs Dheeraj Gupta And Ors on 23 July, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 04
Regular Cause List
HIGH COURT OF JAMMU& KASHMIR AND LADAKH
AT SRINAGAR
CCP (D) No. 33/2021 in
LPAOW No. 77/2018
Mohammad Shafi Rather and Ors.
... Petitioner(s)
Through: -
Mr Mian Tufail, Advocate.
V/s
Dheeraj Gupta and Ors.
... Respondent(s)
Through: –
Mr Bikramdeep Singh, Dy. AG.
CORAM:
Hon’ble Mr Justice Sanjeev Kumar, Judge
Hon’ble Mr Justice Sanjay Parihar, Judge
(ORDER)
23.07.2025
01. It has been brought to our notice that the Court of learned City
Judge, Srinagar is seized of Suit titled ‘Mohammad Shafi Rather and
Ors. V. Dheeraj Gupta and Ors.‘, in which the Petitioners herein have
prayed for a decree of declaration declaring them to be the legal heirs of
Late Habibullah Bhat @ Matta. The said Suit is stated to be at its final stage
and is likely to be disposed of in near future.
02. It is submitted that on the basis of the decree, if any, passed by
the civil Court, the Respondent-Srinagar Municipal Corporation should
release the amount.
03. Be that as it may, the fact remains that in terms of the Order
and Judgment dated 10th of July, 2019, the Respondent-Srinagar Municipal
Corporation is under a legal obligation to refund the amount received from
the deceased-Habibullah Bhat @ Matta, along with simple interest @ 7.5
per cent.
04. The only impediment that is highlighted by the Respondent-
Srinagar Municipal Corporation in the way of payment of aforesaid amount
is the identification of the legal heirs of the deceased Habibullah Bhat @
Matta. Since, the Suit is already pending before the civil Court, therefore,
we dispose of this Contempt Petition and request the civil Court of learned
City Judge, Srinagar to expedite the disposal of the aforesaid Suit.
05. Needless to say, on presentation of the decree, if any, passed
by the civil Court, the Respondent-Srinagar Municipal Corporation shall
consider the release of amount, along with interest, in terms of the Order
and Judgment dated 10th of July, 2019 without any further delay. In case of
any inaction on the part of the Respondent-Srinagar Municipal Corporation,
the Petitioners shall be at liberty to approach this Court again.
06. Disposed of.
(Sanjay Parihar) (Sanjeev Kumar)
Judge Judge
SRINAGAR
July 23rd, 2025
"TAHIR"
Tahir Manzoor Bhat
I attest to the accuracy and
authenticity of this
document
