Naseema And Another vs Mohammad Ashraf Ganai And Others
2022 Latest Caselaw 2003 j&K/2

                                                                                        Sr. No. 33
                                                                                        Regular Cause List
                               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                              AT SRINAGAR

                                                 RSA No. 13/2021
                Naseema and another                                            .....Petitioner(s)/Appellant(s)
                                           Through: Mr. M. A. Qayoom, Advocate with
                                                    Mr. M. Muzaffar, Adv.
                           V/s
                Mohammad Ashraf Ganai and others                               ..... Respondent(s)
                                           Through: Mr. Taha Khalil, Adv. vice
                                                        Mr. R. A. Jan, Sr. Advocate
                CORAM:
                   HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

                                                           ORDER

11.11.2022 This is a Civil Second Appeal against judgment and decree dated 17th February 2020, passed by Principal District Judge, Anantnag, and ex parte judgment and decree dated 7th August 2018 passed by Munsiff (DMM) Anantnag.

In terms of order dated 30th September 2021 notice had been issued. The matter is yet to be admitted.

I have heard learned counsel for the parties and have also gone through the record on the file.

On perusal of the record on the appeal and after going through the substantial questions of law proposed therein, the following substantial question of law arise for determination and, as such, the appeal is admitted.

"Whether while dealing and deciding with an application seeking condonation of delay, the appellate court could have taken into account the merits of the appeal and given finding and rejected the application seeking condonation of delay that being time barred and allowed it, will prejudice to the respondents."

Post admission notice is waived by other-side. Record has already been received. List this appeal for hearing on 22.12.2022.

Interim direction, if any, to continue.

(VINOD CHATTERJI KOIUL) JUDGE Srinagar 11.11.2022 "Imtiyaz"

IMTIYAZ UL GANI 2022.11.16 09:47 I attest to the accuracy and integrity of this document