1. Application for bringing on record legal representatives of deceased plaintiff (Sidda Mir) admittedly has been filed after the prescribed period of limitation, therefore, application for condonation of delay alongside has been filed. Court of Sub Judge, Kupwara has dismissed the application for condonation of delay, resultantly application for brining on record legal representatives has been held to be time barred and suit to the extent of deceased plaintiff Sidda Mir has been opined to be deemed abated. Dissatisfied with the said order dated 29.7.2009, instant revision petition has been filed.

2. The litigation in between the parties has commenced with the presentation of the plaint on 01.04.1976 before the Court of Sub Judge, Handwara i.e. suit for declaration and joint possession titled Sidda Mir and ors v. Mohammad Mir & ors. was regarding the landed property measuring 89 kanals and 2 marlas covered by Khewat No.7 left behind by the predecessor-in-interest of the parties. The said landed property was alleged to be un-partitioned so in joint possession of the parties. Plaintiffs therein claim to be in possession of the land measuring 18 kanals and 18 marlas when allegedly they

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