Jammu & Kashmir High Court - Srinagar Bench
Abdul Rashid Wani vs Abdul Rashid Rather & Ors on 21 September, 2021
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
IN THE HIGH COURT OF JAMMU AND KASHMIR & LADAKH
SRINAGAR
...
OWP No. 578/2019
S.No. 30
BEFORE NOTICE
ABDUL RASHID WANI
.......Petitioner(s)
Through: Mr. Nisar Ahmad - Adv.
Versus
ABDUL RASHID RATHER & Ors.
......Respondent(s)
Through:
CORAM:
Hon'ble Mr. Justice Sanjeev Kumar, Judge
ORDER
21-09-2021 01/ The petitioner, who was defendant No.2 in the Suit, pending before the learned Munsiff, Baramulla, invokes supervisory jurisdiction of this Court, vested by article 227 of the Constitution of India, for seeking setting aside of an interim order passed by learned Munsiff, Baramulla, on 17-10-2018, in a Civil Suit titled Inhabitants of Rangwar village versus Auqaf Islamia, Baramulla. 02/ Briefly stated, the facts leading to filing of this writ petition are that a Suit for permanent prohibitory injunction/mandatory injunction came to be filed by the Inhabitants of Rangwar village and seven others against Auqaf-i-Islamia, Baramulla, and 02 others. On the matter coming up for consideration for interim relief, the Court of learned Munsiff , Baramulla, vide its order dated 28-01-2017, passed the following interim order :
"a. The competent body is free to conduct the election in accordance with their norms and customs as per the schedule if it is otherwise legal.
b. The election, shall also be subject to the satisfactorily rendition of accounts by the defendant.
c. The defendant No.1 & 2 shall produce the accounts before this Court on the next date of hearing and render the accounts satisfactorily before this Court or before the body of persons appointed by this Court.
d. In case of non satisfaction of rendition of accounts, the elections shall be treated to be invalid and appropriate legal proceedings shall be initiated accordingly against the person involved in the embezzlement if any."
03/ Pursuant to interim order supra, the defendant No.1 in the Suit, submitted accounts of Auqaf Committee, Rangwar. The Court of learned Munsiff, after going through the accounts, prima facie, noticed some serious glaring irregularities in the maintenance of accounts. Being of the opinion that the accounts were required to be audited by the experts, the trial Court directed constitution of Committee of 03 persons i.e. Chief Accounts Officer, Fund Office, Baramulla, Treasury Officer, Baramulla and one Shri Irfan Bahadur - KAS Officer. It is this order dated 17-10- 2018 passed by the trial Court, the petitioner is aggrieved of and is before this Court invoking article 227 of the Constitution of India.
04/ Having heard learned counsel for the petitioner and perused the record, I am of the opinion that the impugned order dated 17-10-2018 is extension of interim order dated 28-01-2017 and, therefore, is an order falling under Order 39 rule 1&2 of the CPC. This order is appealable before the district Court concerned. 05/ Contention of learned counsel for the petitioner that the impugned order amounts to deciding the lis finally, cannot be accepted for the reason that Suit is still pending and one of the reliefs claimed therein pertains to rendition of accounts. The interim order which was passed on 28-01-2017, was with a view to have the proper audit of the accounts of Wakf Committee of village Rangwar and it is only in compliance to directions passed therein, the accounts were produced by the defendant No.1 and examined by the Court.
06/ Be that as it may, without rendering any opinion on the merits of the controversy, this writ petition is dismissed with liberty to the petitioner to avail the alternative remedy. Needless to say that in case the petitioner avails of the remedy of appeal, the period spent by the petitioner in this Court shall be eschewed while computing the limitation.
07/ Writ petition is, accordingly, dismissed along with connected CMs.
(Sanjeev Kumar) Judge Srinagar 21 .09.2021 TARIQ MOTA, secy.
NISSAR A BHAT 2021.09.21 17:13 I attest to the accuracy and integrity of this document