Misra Begum vs Bashir Ahmad Bhat And Ors
2022 Latest Caselaw 625 j&K/2

                                                          S. No. 2
                                                          Regular Cause List
     IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR
                            CONC No. 74/2018
Misra Begum                                                  ...Petitioner(s)

Through: Ms. Saima Mehboob, Adv.
                                    Vs.

Bashir Ahmad Bhat and Ors.                                  ...Respondent(s)

Through: Mr. Irshad Ahmad, Adv.
CORAM:
  HON'BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
                                ORDER

18.05.2022

1. There is delay of 8776 days in filing the appeal.

2. The petitioner-Misra Begum, has filed the appeal against the decree

dated 23.06.1994, passed by the District Judge, Baramulla, whereby

suit filed by the Zahoor Ahmad Bhat, respondent no.2 herein , has been

decreed on the basis of compromise entered into between the parties in

the suit.

3. Ramzan Bhat, defendant before the Appellate Court, had admitted the

claim of the plaintiff and suit was decreed on the basis of said

compromise. Applicant Misra Begum is the daughter of Ramzan Bhat,

challenging the comprise in this petition.

4. The grounds taken up in this application, seeking condonation of delay

are not sufficient to condone the delay of 8776 days. Inordinate delay in

filing the delay cannot be granted.

5. Learned counsel for the applicant submits that remedy available to her

was also to file a suit seeking judgment and decree as null and void,

having obtained by fraudulently, but she could not challenge the same because she was not the party in the suit. Learned counsel for the

applicant submits that she would file suit to challenge the same on the

ground that the same has been obtained fraudulently. She further

submits that the appeal may be disposed of with liberty to take remedy

as may be available to her.

6. In view of the submissions made by the learned counsel for the parties

and with the consent of parties, this application along with appeal is

disposed of holding that the application is not maintainable with liberty

to take recourse of such a remedy as may be available to her under the

provisions of law for challenging the decree.

(VINOD CHATTERJI KOUL) JUDGE SRINAGAR 18.05.2022 Manzoor

MANZOOR UL HASSAN DAR 2022.05.19 16:04 I attest to the accuracy and integrity of this document