Ut Of J&K vs Mohd. Azam So. Mohd. Mahroof
2025 Latest Caselaw 158 J&K

Jammu & Kashmir High Court

Ut Of J&K vs Mohd. Azam So. Mohd. Mahroof on 16 May, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                      Serial No. 100


         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU

Case:-    RFA No. 22/2025
          CM Nos. 2843/2025 & 2844/2025

UT of J&K                                   .....Appellant(s)/Petitioner(s)

                    Through: Mr. Ravinder Gupta, AAG.

               Vs

Mohd. Azam So. Mohd. Mahroof                          ..... Respondent(s)

                    Through:

Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                  ORDER

(16.05.2025)

1. A civil suit on file on 91/Civil of 2018 before the court of

the Principal District Judge, Rajouri preferred by the

respondent/plaintiff against six (6) defendants, all of which are

now the appellants in the present case, came to be decreed by

virtue of a judgment and decree dated 14.03.2024 holding the

respondent/plaintiff entitled to compensation of an amount of

Rs. 35,45,200/- on account of bodily injuries suffered by him due

to electrocution.

2. The appellants/defendants are coming forward with a

time barred civil 1st appeal, as such, accompanied with an

application CM No. 2843/2025 seeking condonation of delay of

315 days. The decree is not an ex parte decree but in fact is a

contested one and, therefore, weight of proving sufficient cause in

seeking condonation of delay is heavier on the

appellants/applicants.

3. Issue notice to the non-applicant in the condonation of

delay application CM No. 2843/2025.

4. Notice in the application CM No. 2844/2025 also.

5. The service of the respondent/non-applicant to take

place through ordinary mode of service as envisaged under Order

5 of the Code of Civil Procedure, 1908.

6. The respondent/non-applicant to be served through the

process server of the Tamilat Section of the District Court,

Rajouri.

7. The applicants/appellants No. 1 & 2 are directed to

deposit 50% of the decretal amount with the Registrar Judicial,

Jammu within a period of four weeks.

8. List on 11.07.2025.

9. Send for the record of civil suit from the court below.

10. In the meantime, the operation of the impugned decree

shall remain stayed. This order is, however, subject to objections

till next date of hearing.

(RAHUL BHARTI) JUDGE JAMMU 16.05.2025 Shivalee