Mohammad Altaf Mir vs Firdous Ahmad Mir
2023 Latest Caselaw 519 j&K/2

                                                                 Serial No. 12
                                                               Regular Cause List

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR


                            RFA No. 35/2019


Mohammad Altaf Mir
                                                           ... Petitioner(s)
                             Through: -
                  Mr Rizwan-u-Zaman Bhat, Advocate.

                                   V/s

Firdous Ahmad Mir
                                                         ... Respondent(s)

Through: -

Mr Syed Sajjad Geelani, Advocate.

CORAM:

Hon'ble Mr Justice Rajnesh Oswal, Judge.

(ORDER) 01.05.2023

CM No. 5489/2019:

This is an application filed by the Applicant/ Appellant seeking condonation of delay in filing the appeal against the Judgment and Decree dated 25th of September, 2018 passed by the Court of learned Principal District Judge, Anantnag in Suit titled 'Firdous Ahmad Mir v. Mohammad Altaf Mir', bearing File No. 69/N.

Objections stand filed on behalf of the Non-Applicant/ Respondent, whereafter a Supplementary Affidavit, too, has been filed by the Applicant/ Appellant to elaborate and explain the averments made in the application seeking condonation of delay.

Although, Objections have been filed by the Non-Applicant/ Respondent, however, the learned Counsel for the Non-Applicant/ Respondent submits that the delay in filing the appeal may be condoned provided the learned Counsel for the Applicant/ Appellant argues the main appeal without seeking any adjournment.

In view of above and having regard to the averments made in the application as well as the Supplementary Affidavit filed by the Applicant/ Appellant, delay in filing the appeal is condoned.

CM No. 5489/2019 is disposed of on the above terms.

RFA No. 35/2019:

Heard.

Notice.

Notice accepted by Mr Syed Sajjad Geelani, learned Advocate, on behalf of the Respondent.

Call for the records from the Court below.

List on 12th of May, 2023, with liberty to the learned Counsel for the Respondent to make a mention on the said date.

In the meanwhile, the Appellant shall deposit a sum of Rs.1.00 lacs within ten (10) days before the Registry.

(Rajnesh Oswal) Judge SRINAGAR May 1st, 2023 "TAHIR"