Mohammad Yousuf Beigh And Anr vs Muzaffar Ahmad Bhat And Ors
2024 Latest Caselaw 1545 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mohammad Yousuf Beigh And Anr vs Muzaffar Ahmad Bhat And Ors on 8 October, 2024

Author: Rahul Bharti

Bench: Rahul Bharti

                                                           Sr. No. 2
                                                           Regular List

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT SRINAGAR
                               RPC No. 7/2017

Mohammad Yousuf Beigh and Anr.                    ...Petitioner(s)/Appellant(s)

Through:      Mr. G. M. Shah, Adv.

                                     Vs.
Muzaffar Ahmad Bhat and Ors.                                ...Respondent(s)

Through:      None

CORAM:
             HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                                  ORDER

08.10.2024

1. A civil 1st miscellaneous appeal CIMA No. 130/2013 came to be

adjudicated upon by this court in terms of judgment dated

21.08.2015.

2. Said CIMA was directed against lower appellate court's

judgment dated 24.6.2013 passed by the learned Principal

District Judge, Anantnag on File No. 06/Appeal of 2009, against

judgment and decree dated 05.03.2022 passed by the learned

Sub Judge, Anantnag in a civil suit titled "Muzaffar Ahmad

Bhat vs. Khazir Bhat".

3. The present review petition came to be filed by original

appellants Mohd Yousuf Beigh and Anr before this Court on

27.04.2016 which being time barred was accompanied with a

condonation of delay application No. 93/2016.

4. The condonation of delay application came to be allowed ex-

parte against the contesting respondent-Muzaffar Ahmad Bhat given the fact that despite service he had chosen not to appear.

5. While the review petition was awaiting service of the

respondents, it came to be dismissed for non-prosecution in

terms of order dated 21.08.2021 resulting in filing of an

application bearing CM No. 5470/2022 seeking restoration

which was allowed in terms of an order dated 05.06.2023 and

that is how the review matter is still held up without service of

the contesting respondent Muzaffar Ahmad Bhat, the

plaintiff/decree holder.

6. Let the petitioners file fresh particulars along with registered

postal cover for service of the contesting respondent No. 1

Muzaffar Ahmad Bhat R/o Chirhama Tehsil and District

Anantnag within a period of seven days, whereupon notice shall

go to respondent No. 1 only.

7. In the meantime, Registrar Judicial, Srinagar to requisition the

record of the civil suit on File No. 320/N of 2002 decided on

05.03.2002 titled "Muzaffar Ahmad Bhat vs. Khazir Bhat"

from the Court of learned Sub Judge, Anantnag.

8. Registrar Judicial, Srinagar to requisition record positively on or

before the next date of hearing.

9. List on 6th November, 2024.

(RAHUL BHARTI) JUDGE SRINAGAR 08.10.2024 Sakeena