Jammu & Kashmir High Court - Srinagar Bench
Union Territory Of J&K And Others vs Ghulam Ahmad Laway & Others on 5 October, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 61
Supplementary Cause List-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(5952/2024)
IN RFA 72/2024
CM(5953/2024)
Union Territory of J&K and Others. ...Appellant(s)
Through: Mr. Jehangir Ahmad Dar, GA.
Vs.
Ghulam Ahmad Laway & Others. ...Respondent(s)
Through:
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
05.10.2024
01. The court of Sub Judge, Budgam, came to pass a judgment and
decree dated 29th April, 2015 in a civil suit on file No.27/N titled "Ghulam
Ahmad Laway vs State of J&K and Ors" by directing the defendants/
judgment debtors to process the compensation case of the plaintiff/ decree
holder and also to assess the compensation payable to the plaintiff/decree
holders in lieu of the land taken over by the defendants/judgment debtors
for construction of water reservoirs.
02. The defendants/ judgment debtors had appeared in the civil suit
by filing their written statement and thereafter absented to let passing of an
ex-parte judgment and decree against them. When the said judgment and
decree was put to an execution effect, it left the defendants/judgment
debtors bothered so as to come in challenge against the said judgment and
decree by filing a time barred civil first appeal on file No. 115/M on 3rd
December, 2018 before the appellate court of the Principal District Judge,
03. Condonation of delay application came to be rejected by the
lower appellate court of Principal District Judge, Budgam by virtue of an
order dated 4th April, 2023, which again did not bother the defendants/
judgment debtors for more than one year to resort to legal measures for
challenging the dismissal of the condonation of delay application by the
court below.
04. It was only on 21st September, 2024 that a time barred civil
second appeal came to be preferred though in the name of all the
defendants/ judgment debtors but actually signed by the Executive
Engineer, PHE Division Chadoora.
05. The memo of appeal does not bear any averment as to how come
on behalf of the Union Territory of Jammu and Kashmir, the Chief
Engineer, PHE, Kashmir; the Superintending Engineer, Hydraulic Circle,
Budgma, the Executive Engineer, PHE Division, Chadoora can come and
maintain a time barred appeal accompanied with a condonation of delay
application.
06. Before proceeding further in taking cognizance of the matter, this
Court calls upon Mr. Jehangir Ahmad Dar, the learned Government
Advocate to show the authority vested with the Executive Engineer, PHE
Division, Chadoora, to act on behalf of the applicants/ appellants 1 to 3 in
initiating the present case.
07. Mr. Jehangir Ahmad Dar, the learned Government Advocate
seeks time to respond to this aspect. Time granted.
08. List again on 23rd October, 2024.
(RAHUL BHARTI)
JUDGE
SRINAGAR:
05.10.2024
"HAMID"
