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2021 Supreme(J&K) 88

VINOD CHATTERJI KOUL
Nazir Ahmad Dhar – Appellant
Versus
Musthaq Ahmad Dhar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Ashiq Hussain, Mr Sahil Verma, Advocate
For the Respondent:Mr S.N.Ratanpuri, Advocate

JUDGMENT :

1. Review of judgment dated 16th October 2018, passed in the Appeal, bearing CFA no.19/2016, titled Dr. Nazir Ahmad Dhar vs. Musthaq Ahmad Dhar and others, is sought for in petition on hand.

2. Heard and considered.

3. Review petitioner, aggrieved of judgment and decree dated 27th November 2015, passed by 2nd Additional District Judge, Srinagar (hereinafter referred to as “Trial Court”) in a Civil Suit, titled Dr. Nazir Ahmad Dhar vs. Mushtaq Ahmad Dhar and others, had filed an appeal, which was diarized and registered as CFA no.19/2016. This Court by the judgment, under review, upheld the Trial Court judgment and decree and dismissed the Appeal of review petitioner.

4. Review of judgment dated 16th October 2018 is prayed for on the ground that there is an error apparent on the face of record in respect of the conclusions drawn by this Court at paragraph 15 of the judgment. It is contended that once evidence is admissible and relevant, the evaluation of evidence so produced is not entirely a matter of discretion with the court inasmuch as evidence was required to be appreciated by the 1st Appellate Court. The appeal is stated to be in continuation to the proceedings. The Cou

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