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2023 Supreme(J&K) 285

VINOD CHATTERJI KOUL
Bashir Ahmad Dar – Appellant
Versus
Shameema – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. G. A. Lone, Advocate with Mr. Mujeeb Indrabi, Advocate
For the Respondent:Mr. P. S. Ahmad, Advocate

JUDGMENT :

1. This Civil Second Appeal has been filed against the judgment dated 21.11.2013, passed by District Judge, Kulgam (for short “First Appellate Court”), dismissing the application seeking condonation of delay and as a consequence of which dismissing the appeal as well holding it as time barred.

2. Appellant therein had challenged the said decree on the grounds:

    a) that the Judgment being patently illegal cryptic erroneous and as such not sustainable in the eyes of law.

b) that the judgment has been passed in hot haste without application of mind and is in flagrant violation of the laws of land.

c) that the court although has framed the issues but has not recorded the findings on the issues as was required under law.

d) that the subordinate court has based his judgment on oral evidence without seeking the evidence of Patwari concerned regarding latest revenue record.

d). that the sale deed has not been challenged in the lis, as such, decree passed by the court is outcome of suppression of material facts by the other side.

3. The brief facts of the case are that plaintiff-respondent no.1 herein filed a civil suit titled as Shameema v. Salam Thokar and another before the court of M

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