Citation : 2025 Latest Caselaw 1784 J&K/2
Judgement Date : 14 October, 2025
S. No. 2
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM No. 5180/2023
In LPA No. 160/2023
Aziz Jan ...Appellant/Petitioner(s)
Through: Mr. Mohammad Saleem Mir, Advocate
Vs.
UT of J&K and Ors. ...Respondent(s)
Through: Ms. Nowbahar Khan, Assisting Counsel for R-1 to R-4
Ms. Rehana Qayoom, Advocate vice
Mr. T. M. Shamsi, DSGI for R-5 to R-9
CORAM:
HON'BLE MS JUSTICE SINDHU SHARMA, JUDGE
HON'BLE MR JUSTICE SHAHZAD AZEEM, JUDGE
ORDER
14.10.2025 This application is seeking condonation of delay in filing the Letters Patent Appeal No. 160/2023.
Learned counsel for the applicant/appellant submits that the delay in filing the appeal was occasioned due to the illness suffered by the applicant after passing the impugned judgment/order. It is further submitted that the applicant is a poor lady residing in a remote area of Karnah, which impeded her ability to approach her counsel within the prescribed time. Furthermore, it is contended that the applicant is bedridden and unable to walk. Reliance is placed on the Supreme Court judgment in case N. Balakrishnan v. M. Krishnamurthy, (1998) 7 SCC 123, in support for the grounds condoning the delay.
The non-applicants/respondents, in their objections, have opposed the application for condonation of delay on the ground that the applicant/appellant has failed to show sufficient cause warranting the
On perusal of application and after hearing the counsel for applicant/appellant, we find a sufficient cause is shown by applicant to condone the delay. Accordingly, application is allowed and 211days' delay in filing the LPA No. 160/2023 is condoned.
CM No. 5180/2023 is disposed of.
Registry to list the main appeal on 12.11.2025.
(SHAHZAD AZEEM) (SINDHU SHARMA)
JUDGE JUDGE
SRINAGAR
14.10.2025
Manzoor
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