Rayees Ahmad Thoker vs Hilal Ahmad Hajam
2024 Latest Caselaw 5 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Rayees Ahmad Thoker vs Hilal Ahmad Hajam on 11 January, 2024

Author: Rahul Bharti

Bench: Rahul Bharti

                                                                    Supp
  IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR
                     RFA No. 43/2023
                     CM No. 8390/2023
                     CM No. 8391/2023
                    Caveat No. 3116/2023
Rayees Ahmad Thoker                      ...Petitioner(s)/appellant(s)

Through:       Mr. Mir Majid Bashir, Advocte

                                       Vs.

Hilal Ahmad Hajam                                                 ...Respondent(s)

Through:       Mr. Abdul Musavir Talk, Advocate

CORAM:

HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                                  ORDER

11.01.2024

1. An order 37 Code of Civil Procedure, 1908 filed civil suit by the respondent has come to be decreed by the Court of Principal District Judge, Shopian against the appellant herein whereby a money decree for an amount of Rs. 29 lacs along with costs and interest has been awarded in favour of the respondent by virtue of a judgment and decree dated 05.09.2023.

2. The appellant, as being a judgment debtor is intending to question this judgment and decree, but since the civil first appeal is time barred as such, an application for condonation of delay, being CM No. 8390/2023 is accompanying the memo of appeal. The delay is of 23 days and the cause cited is that the applicant/appellant's son had a fall from second floor of the house leaving him grievously injured which made the applicant/appellant engaged in his medical treatment and care and that resulted in not only the default in the matter of complying with rider in the order dated 05.09.2023 for deposit of 10% of suit amount for contesting the civil suit, but also in timely preference of this present civil 1st appeal.

3. For the reasons stated in the application, this Court, in the interest of justice, condones the delay.

4. Notice in the appeal.

5. Notice accepted by learned counsel for the respondent.

6. Sent for the record of the trial Court.

7. Learned counsel for the respondent seeks time to apprise this Court whether his client is willing to the disposal of this appeal by remand of the matter to the trial Court subject to the appellant depositing some portion of the suit amount as in the discretion of this Court may be deemed appropriate.

8. List for consideration on 16.01.2024.

9. In the meantime, recovery warrants, if any issued, against he appellant/judgment debtor by the court below, shall remain on hold till next date of hearing.

(RAHUL BHARTI) JUDGE

SRINAGAR 11.01.2024 Aadil