Ut Of J&K & Others vs Balwan Singh And Others
2022 Latest Caselaw 106 j&K

                                                                            Sr. No. 39



        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU
                                 (Through Virtual Mode)
CJ Court

Case: LPA No. 64 of 2020

UT of J&K & Others                                         .....Appellant/Petitioner(s)

                                  Through :- Sh. Amit Gupta, AAG
                           v/s

Balwan Singh and others                                             .....Respondent(s)
                                  Through :- Smt. Surinder Kour, Sr. Advocate


  CORAM:
  HON'BLE THE CHIEF JUSTICE
  HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

                                      ORDER

01. Learned counsel for the appellants is permitted to place on record

supplementary affidavit.

02. Application No. 9104 of 2021 stands disposed of.

03. Heard Sh. Amit Gupta, learned AAG for the Appellants and Smt.

Surinder Kour, Senior counsel for the respondents.

04. There is a delay of 524 days in filing the appeal.

05. The appellants have filed not only the delay condonation application but

an additional application for explaining the delay supported by an affidavit.

06. The application has been opposed by Smt. Surinder Kour, on the ground

that in the contempt proceedings, the appellants have appeared and, as such,

they had the knowledge of the judgment and, as such, cannot plead its

ignorance.

07. We have gone through the averments made by the appellants in the two

applications and find that the judgment was delivered on 31.12.2018 and they

have received the copy of the same on 06.02.2019 whereupon necessary

correspondence ensued between their lawyers and the department for grant of

necessary sanction for the purposes of filing the appeal. Once the permission

was granted, the appeal was filed and there is no willful or deliberate delay.

08. In view of the aforesaid facts and circumstances, we are of the opinion

that the appellants have not caused any deliberate delay in filing the appeal.

09. Accordingly, we condone the delay and the delay condonation

application Nos. 3016 of 2020 and 3558 of 2021 are allowed, subject to costs

of Rs. 5000/- which the appellants shall deposit with the Registry, to be paid

to the respondents within a period of two weeks from today.

10. List the appeal for consideration on merits on 26.04.2022.

                         (SINDHU SHARMA)                 (PANKAJ MITHAL)
                                   JUDGE                   CHIEF JUSTICE


JAMMU
07.02.2022
Abinash