Khazir Mohammad Wani vs State Of Jammu And
2026 Latest Caselaw 1073 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Khazir Mohammad Wani vs State Of Jammu And on 23 February, 2026

                                                                Serial No. 3      2022:JKLHC-SGR:7280
                                                             Regular Cause List
      IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR
           CM (795/2026) in OWP 121/2018 CM (796/2026)
     KHAZIR MOHAMMAD WANI
     AND ORS                                          ...Petitioner(s)/Appellant(s).
     Through:     Mr. Aftab Ahmad, Advocate.
                                     Vs.
     STATE OF JAMMU AND
     KASHMIR                                                       ...Respondent(s).
     Through:
     CORAM:
           HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
                             ORDER

23.02.2026

1. Through the medium of the instant application supported with an affidavit, the applicants/petitioners seek the condonation of delay in filing the restoration application bearing No. CM 796/2026.

2. The restoration application, in respect of which the condonation of delay is sought through the medium of the instant application, seeks the restoration of the main dismissed petition bearing No. OWP 121 of 2018.

3. Heard learned counsel for the applicants and considered their submissions. Perused the application. Also perused the restoration application. The main petition sought to be restored has also been perused.

4. In the facts and circumstances of the case, this Court is of the opinion that it may meet the ends of justice in case the application is allowed and the delay in filing the restoration application is condoned.

5. The condonation of delay in filing the restoration application is likely to facilitate the decision of main petition on its merits.

6. Accordingly, the application is allowed and the delay in filing the restoration application is condoned.

7. This application is disposed of.

2022:JKLHC-SGR:7280

1. Through the medium of the instant application supported with an affidavit, the applicants/petitioners seek the restoration of the main petition that came to be dismissed for non-prosecution on 21.05.2024.

2. Heard the learned counsel for the applicants/petitioners in respect of the matter and considered his submissions.

3. Perused the restoration application. Also perused the main petition sought to be restored.

4. A perusal of the minutes of the main petition sought to be restored reveals that there was no representation on the part of the other side also on the crucial date i.e. 21.05.2024 and also on two preceding consecutive dates.

5. In the facts and circumstances of the case, this Court is of the opinion that it may meet the ends of justice in case the application is allowed and the main dismissed petition is restored at its original number so that the same gets disposed of on merits.

6. Accordingly, the application is allowed and the dismissed petition is restored at its original number along with the miscellaneous applications and interim orders.

7. This application is disposed of.

The main restored petition shall come up for hearing on 7th April, 2025.

(MOHD YOUSUF WANI) JUDGE SRINAGAR 23.02.2026 Shahid Manzoor