Jammu & Kashmir High Court
Zakir Hussain vs Akhter Hussain And Others on 18 September, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 01 & 02
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- CM Nos. 5292/2024 & 5293/2024 in
CONC No. 107/2018
Zakir Hussain .....Appellant(s)/Applicant(s)
Through: Mr. A. K. Shan, Advocate.
Vs
Akhter Hussain and others ..... Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(18.09.2024)
CM Nos. 5292/2024 & 5293/2024
1. The applicant herein Zakir Hussain was the plaintiff in a
civil suit filed on file No. 10/Civil of 2003 before the court of Sub
Judge, Poonch seeking a decree of declaration with consequential
relief for permanent prohibitory injunction against the non-
applicants No. 1 & 2, namely, Akhter Hussain and Amar Din
which suit came to be decreed and allowed in terms of judgment
and decree dated 29.11.2012 against which one of two
defendants, namely, Amar Din came forward with a civil 1st
appeal before the court of learned District Judge, Poonch which
by virtue of judgment and decree dated 29.09.2014 came to
dismiss the suit of the applicant by setting aside the trial court
judgment and decree.
2. Aggrieved of said outcome of the civil 1st appeal being
adverse to him with reversal of the trial court judgment and
decree, the applicant-Zakir Hussain came forward with institution
of civil 2nd appeal under section 100 of the Code of Civil
Procedure, Svt. 1977 on 26.03.2018 bearing delay, as such,
accompanied with an application for condonation of delay CONC
No. 107/2018.
3. In the said application for condonation of delay, the
defendants No. 1 & 2 came to be impleaded as non-applicants No.
1 & 2. Service of the non-applicant No. 2-Amar Din came to take
place when Advocate Mr. Prince Khanna came to cause his
appearance whereas service of the non-applicants No. 1, 3 & 4
was yet to take place.
4. The condonation of delay application CONC No.
107/2018 came to suffer dismissal for non-prosecution in terms
of an order dated 12.07.2019.
5. For seeking restoration of said condonation of delay
application, the applicant came forward with an application CM
No. 8684/2019 being filed on 16.11.2019 also beyond prescribed
period of thirty days and, therefore, accompanied with an
application CM No. 8683/2019 seeking condonation of delay.
6. While these two applications CM Nos. 8683/2019 &
8684/2019 were pending, same too came to suffer dismissal for
non-appearance on behalf of the applicant and his counsel.
7. Now for the purpose of seeking restoration of the
aforesaid two applications, the applicant has come up with an
application-CM No. 5293/2024 for restoration and application-
CM No. 5292/2024 for condonation of delay in filing the
application for restoration citing the reasons related to the
counsel in attending upon his wife in medical condition.
8. Issue notice to the non-applicants No. 1 & 2.
9. Applicant to furnish registered postal covers for the service
of the non-applicants No. 1 & 2 within seven days, whereupon the
Registrar Judicial, Jammu to issue notices to the non-applicants
No. 1 & 2.
10. List on 30.10.2024.
(RAHUL BHARTI)
JUDGE
JAMMU
18.09.2024
Shivalee
