Onkar Chand vs Thakri And Others
2021 Latest Caselaw 961 j&K

                                                           S. No. 38
      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

                                                 CSA No. 12/2016

Onkar Chand                                                  ...Appellant(s)

                                Through :- Mr. V. Bhushan Gupta, Adv.
      V/s

Thakri and others                                           ...Respondent(s)

                                 Through :- None.


Coram:      HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                 ORDER

Heard learned counsel for the appellant.

Respondents are already set ex-parte in terms of order dated

11.08.2021.

Upon consideration following substantial questions are framed

for determination:-

1. Whether both the courts below overlooked the question of

limitation involved in the matter and in the process proceeded

to pass the impugned judgment and decree, illegally?

2. Whether the courts below failed to appreciate the evidence led

in the matter by the appellant herein and proceeded to pass the

impugned judgments and decrees perverse to the said evidence

so adduced by the appellant herein?

3. Whether the document under challenge (adoption deed) was

required to be given real name/nomenclature in view of its

contents while deciding its validity or otherwise and whether

both the courts below grossly erred in deciding the said

question?

Admit.

Issue post-admission notice to the respondents, returnable

within a period of four weeks. Requisite steps within one week.

List for final hearing on 08.10.2021.

Meanwhile, interim order passed on 20.09.2016 shall remain in

force till the final disposal of the case.

(JAVED IQBAL WANI) JUDGE

Jammu 24.08.2021 Angita