MOHAMMAD YOUSUF DAR Vs. RAFIQA
LAWS(J&K)-2022-7-89
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 21,2022

MOHAMMAD YOUSUF DAR Appellant
VERSUS
Rafiqa Respondents




JUDGEMENT

VINOD CHATTERJI KOUL,J. - (1.)Review of the judgement dtd. 27/11/2021 passed by this Court dismissing a Civil Revision Petition, bearing CR no. 26/2019, titled asMohammad Yousuf Dar and others vs. Mst. Rafiqa and others, is sought for on the grounds made mention of in the instant petition.
(2.)I have heard learned counsel for parties and considered the matter.
(3.)Learned senior counsel appearing for review petitioners has stated that judgement dtd. 27/11/2021 is suffering from an error apparent on the face of the record, being based on a factual mistake of this Court since this Court has concluded that execution petition dated 4 th December 2018 was within time and not hit by rule of limitation on the assumption that the decree sought to be executed was an injunction decree, though the decree in question was a decree of declaration, for which on the principle of Article 182 of the Limitation Act an internal period of limitation as three years was prescribed. It is also submission of learned senior counsel that the judgment reported as 2010 (2) JKJ 590, reliance on which was placed by this Court while passing judgement under review, does not deal with the question of limitation for execution of a decree for declaration. It is also assertion of learned senior counsel that the order dtd. 27/11/2021 is liable to be reviewed to the extent of holding revision petition as not maintainable as such a conclusion of this Court is based on mistake in noticing the relevant facts of the case and that this Court has not noticed the specific case of review petitioners that court below had no jurisdiction to pass order dtd. 16/5/2019, in view of execution petition being not maintainable.


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