Citation : 2025 Latest Caselaw 38 J&K
Judgement Date : 2 May, 2025
Serial No. 120
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- RFA No. 20/2025
CM No. 2544/2025
CM No. 2545/2025
CAV No. 477/2025
Maqsood Ahmed .....Appellant(s)
Through: Mr. Irfan Khan, Advocate.
Vs
Zubaida Bi
.....Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(02.05.2025)
01. Caveat stands discharged.
02. The applicant/appellant is aggrieved of a money decree
passed by the court of learned Principal District Judge,
Poonch in a civil suit file No. 20/Civil whereby the
respondent's suit for seeking recovery of her dower money to
the amount of Rs. 2,00,000/- has been decreed against the
applicant/appellant.
03. The judgment and decree dated 31.10.2023 against which the
applicant/appellant intends to lay civil first appeal under
section 96 read with Order 41 of the J&K Code of Civil
Procedure, Svt., 1997 but being time barred appeal is
accompanied with an application CM No. 2544/2025 seeking
condonation of delay of 437 days.
04. Issue notice to the non-applicant/respondent.
05. Applicant/appellant to furnish registered postal cover for the
service of the non-applicant/respondent within a period of
seven days, whereupon the learned Registrar Judicial,
Jammu to issue notice to the respondent.
06. List on 02.07.2025.
07. In the meantime, in case if the execution has been taken out
by the non-applicant/respondent before the Executing Court,
then issuance of notice in the applicant/appellant's
application seeking condonation of delay shall not be
construed by the Executing Court be any sort of stay or check
the execution of the decree to its logical end.
08. A copy of this order be forwarded to learned Principal District
Judge, Poonch.
(RAHUL BHARTI) JUDGE JAMMU 02.05.2025 Bunty
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