Union Territory Of J&K & Ors vs Javed Ahmad Ahanger
2025 Latest Caselaw 686 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Union Territory Of J&K & Ors vs Javed Ahmad Ahanger on 10 February, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                   06
                                                                   Regular

                   HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                    AT SRINAGAR
                                                  CM No. 123/2025
                                                 In RFA No. 3/2025
                                                  CM No. 124/2025
                                                   Caveat 3265/2024
              Union Territory of J&K & Ors
                                                   ..... Petitioner (s)

                                          Through:    Mr. Syed Musaib, Dy. AG.

                                       V/s

              Javed Ahmad Ahanger
                                                                 ..... Respondent(s)
                                          Through:    Mr. Mir Tariq Ahmad, Adv.
                                                      with Mr. Joseph, Adv.
              Coram:
                                Hon'ble Mr. Justice Sanjay Dhar, Judge.

                                                  ORDER

10.02.2025

CM No. 123/2025:

This is an application seeking condonation of delay in filing the

appeal against the judgment and decree dated 05.07.2024 passed by the

learned Principal District Judge, Pulwama.

Issue notice to the respondent.

Mr. Mir Tariq Ahmad, Adv. enters appearance and accepts notice on

behalf of the respondent. Caveat is accordingly discharged.

Heard learned counsel for the parties and perused the record.

In the application, it has been submitted by the appellants/ applicants

that after passing of the judgment impugned the matter was immediately

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brought to the notice of the Director, who in turn raised the matter with

the Law Department for obtaining sanction for filing of the appeal. It

has been further indicated in the application that the sanction for filing

of the appeal was granted on 28.11.2024 and the record was forwarded

to the learned Government Advocate on 17.12.2024. It has been also

submitted that time was consumed in preparation of the appeal and

obtaining the records which resulted in delay in filing of the appeal.

From the aforesaid averment made in the application which is

supported with affidavit, it appears that the the appellants/applicants

have furnished sufficient reasons for not filing the appeal within the

prescribed period of limitation. Thus the delay of 88 days' in filing the

appeal against the impugned judgment and decree is condoned.

RFA No. 3/2025:

Heard learned counsel for the parties.

The appeal is admitted to hearing.

Issue post admission notice to the respondent.

Mr. Mir Tariq Ahmad, Adv. enters appearance and accepts post

admission notice to the respondent.

Record of the trial court be summoned.

In the meantime, operation of the impugned judgment and decree is

stayed subject to deposition of decretal amount with the Registrar

Judicial of this Court within a period of four weeks. In case the amount

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is deposited, the same shall be kept in FDR initially for a period of six

months to be renewed periodically.

List for final hearing on 20.03.2025.

(Sanjay Dhar) Judge SRINAGAR 10.02.2025 Aasif