Judgment · High Court of Jammu & Kashmir and Ladakh
Case at a glance
Key paragraphs
- Para 33. Accordingly delay in filing the appeal is condoned subject to payment of costs of Rs. 10,000/- which shall be deposited by the appellants with the Registry within a period of four weeks from today. Condonation of Delay application no. 4/2019 is allowed. Registry to…
Judgment
Through: Mr. Sheikh Mushtaq, AAG V/s Arshid Hussain Dar …Respondent(s) Through: Mr. R.A Bhat, Advocate CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI,JUDGE. ORDER 06.10.2022
#1. There is a delay of 189 days in filing the appeal which was attributed to procedural delay alone. The appellants were directed to file a better affidavit to explain the delay. Better affidavit has been filed wherein it has been stated that on receipt of the certified copy of the impugned judgment and order, which was forwarded to the Chief Education Officer, Pulwama, for necessary instructions where upon the Law department accorded permission to file the appeal on
28.08.2018, and that there is no wilful, deliberate or intentional delay in filing the appeal.
#2. In the overall facts and circumstances of the case, the pleadings in the condonation of delay application and the affidavit, the appellants have shown sufficient cause for not filing the appeal in time.
#3. Accordingly delay in filing the appeal is condoned subject to payment of costs of Rs. 10,000/- which shall be deposited by the appellants with the Registry within a period of four weeks from today. Condonation of Delay application no. 4/2019 is allowed. Registry to diarize the LPA and list it accordingly. (MOKSHA KHAJURIA KAZMI) (PANKAJ MITHAL) CHIEF JUSTICE JUDGE SRINAGAR 06.10.2022 “Nuzhat”
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.