Muzaffar Ahmad Gatoo vs Gulzar Ahmad Gatoo & Others
2024 Latest Caselaw 1538 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Muzaffar Ahmad Gatoo vs Gulzar Ahmad Gatoo & Others on 5 October, 2024

Author: Rahul Bharti

Bench: Rahul Bharti

                                                                                  Serial No. 64
                                                                            Supplementary Cause List-I

                            HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                            AT SRINAGAR
                                                  CM(M) 366/2024
                                                  CM(5949/2024)
             Muzaffar Ahmad Gatoo.                                                      ...Petitioner(s)
             Through: Mr. Syed Wasiq, Advocate.

                                                           Vs.
             Gulzar Ahmad Gatoo & Others.                                             ...Respondent(s)
             Through:
             CORAM:
                                HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
                                                       ORDER

05.10.2024

The petitioner, who is a plaintiff in a civil suit on file No. 65/N of 2023 before the court of Principal District Judge, Anantnag, is aggrieved of the indulgence granted by the trial court in entertaining the written statement filed by the defendants which is said to have the limitation for filing of the written statement by two days. The court of the learned Principal District Judge, Anantnag, has given the reasoning in condoning the delay of two days in entertaining the written statement so filed by the defendants. This Court, under article 227 of the Constitution of India, is not meant to indulge fault finding on technical basis with the exercise of reasoned discretion by the learned Principal District Judge, Anantnag, and, therefore, the petition filed by the petitioner is nothing but an attempt on his part to somehow earn a decree in his favour by default mode rather than by contest.

The learned counsel for the petitioner relies upon a judgment of the Hon'ble Supreme Court of India titled "Central Board of Dawoodi Bohra Community vs State Maharashtra" reported in "2005 AIR (SC) 752" by reference to Para 12 of the judgment.

The judgment so relied upon by the learned counsel for the petitioner lends no support to his case and, accordingly, this petition being without any merit hereby stands dismissed.

(RAHUL BHARTI) JUDGE SRINAGAR:

05.10.2024 "HAMID"