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2022 Supreme(J&K) 741

RAJNESH OSWAL, RAHUL BHARTI
Ali Mohammad – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T.H. Khawja.
For the Respondents: S.A. Makroo, Mohd. Amin.

JUDGMENT :

RAHUL BHARTI, J.

1. This case has a knot which was tied by none else than this Court and is to be untied by none else than this very Court so as to truly serve the spirit of the dictum that an act of Court shall prejudice none. In the case of Jang Singh vs. Brij Lal and Ors. 1966 AIR SC 1631, the Hon'ble Supreme Court of India has, without any iota of reservation, eulogized that there is no higher principle for the guidance of the Court than the one that no act of Courts should harm a litigant and it is the bounden duty of the courts to see that if a person is harmed by a mistake of the court he should be restored to the position he would have occupied best for that mistake. The maxim for this principle is identified by the Hon'ble Supreme Court of India is “Actus curiae neminem gravabit.”

2. The successors-in interest of the original adversaries to the litigation are finding themselves locked in a situation which somehow got setup by an oversight on the part of this Court at the relevant point of proceedings in the case its docket, the potential of which is adversely bearing on the substantive rights of the parties to the lis with respect to the property in reference.

3. Th

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