State Of J And K And Ors vs Abdul Majid Wagay And Ors
2024 Latest Caselaw 309 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

State Of J And K And Ors vs Abdul Majid Wagay And Ors on 20 March, 2024

Author: Rahul Bharti

Bench: Rahul Bharti

                                                                          Sr. No.137
                                                                          Supp
         IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                            AT SRINAGAR
                                    CM No. 1501/2024
                                     RFA no. 32/2019
      State Of J And K And Ors                               ...Petitioner(s)/appellant(s)

      Through:      Mr. Ilyas Nazir, GA

                                             Vs.
      Abdul Majid Wagay And Ors                                        ...Respondent(s)

      Through:

      CORAM:

      HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                                          ORDER

20.03.2024

1. This is an appeal under Order 43 Rule 1 of Jammu and Kashmir Code of Civil Procedure Svt, 1977 against an order dated 26.07.2018 passed by learned Principal District Judge, Budgam, whereby an application for setting aside ex parte decree made on behalf of the judgment debtors/ defendants 6, 7 & 8 in the civil suit filed by the respondent no. 1-Abdul Majeed Wagay came to be dismissed.

2. In addition, the appellants have also styled this appeal as Civil 1st Appeal under Section 96 of the Code of Civil Procedure Svt. 1977 against the judgment and decree dated 10.03.2017 passed by the court of learned Principal District Judge, Budgam on file number 2/N, thereby granting the decree of declaration for compensation of an amount of Rs.6,72,432/- with interest @ 6% per annum on account of damages suffered by the respondent No. 1 as plaintiff.

3. The appeal preferred by the appellants being time barred was admitted by condoning the delay in terms of an order dated 12.07.2021, when the appeal came to be admitted for final hearing on 08.11.2021.

4. An application CM No. 704/2024 came to be preferred on 16.03.2024 by the applicants therein submitting that respondent No. 1 plaintiff/decree holder Abdul Majeed Wagay has expired on 20.08.2018 and that the present appeal has abated on account of non-impleadment of legal representatives of said respondent No. 1/decree holder/plaintiff.

5. It is by reference to this application that the appellants herein came to have notice of the fact of demise of the respondent No. 1-Abdul Majeed Wagay/decree holder and, therefore, the appellants/applicants are now coming forward with an application 1501/2024 for bringing on record the legal representatives of the respondent No. 1/decree holder.

6. Issue notice in this application to the legal representatives so named in the application.

7. Appellants to furnish registered postal covers for effecting service of the named legal representatives within a period of 07 days, whereupon the Registrar Judicial, Srinagar to issue notice.

8. Let this application be listed with the main appeal which is scheduled on 25.03.2024.

(RAHUL BHARTI) JUDGE

SRINAGAR 20.03.2024 ARIF