VILLAGERS OF HAMRAY Vs. UNION OF INDIA
LAWS(J&K)-2020-2-59
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 14,2020

Villagers Of Hamray Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

PER MAGREY,J. - (1.)This Letters Patent Appeal is filed against the order passed on 20.12.2019 read with order passed on 24.12.2019 in CM No. 7571/2019, filed in pending CFA No. 19/2018 by the Respondent-Union of India, on the grounds detailed out in the appeal with particular reference that the orders passed by the learned Single Bench are uncalled for and not warranted in view of the fact that CM No. 01/2019 filed in CFA No. 19/2018, stands disposed of.
(2.)Briefly, the respondent-appellant (Union of India) filed Civil First Appeal (CFA) No. 19/2018, challenging the award of learned Additional District Judge, Baramulla and the Single Bench while considering the appeal and on examination of the records and after hearing the counsel for the parties, issued notice to the other side and in the meanwhile, in terms of order dated 09.10.2019, directed the Registry to remit 50% of the deposited amount to the Executing Court i.e. District Judge, Baramulla, with direction to the Executing Court to release the same in favour of eligible claimants after determining the entitlement of each of the claimant as per the award.
(3.)During pendency of CFA No. 19/2018, the respondents-appellant filed CM No. 7571/2019, seeking modification/vacation of order dated 09.10.2019 passed by the learned Single Bench in CM No. 01/2019. The learned Single Bench on consideration of the matter and while issuing notice to the other side, asked Registry to forebear from transmitting the amount deposited, which order was extended in terms order of passed on 24.12.2019. The appellants who are respondents in the Civil First Appeal, have questioned these orders on the grounds detailed out in the petition with particular reference that there is no scope for seeking modification of an order which is passed while disposing of the CM and has become the final order.
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