The High Court of Jammu & Kashmir and Ladakh allowed the State of J&K's application for condonation of delay in filing a limitation appeal. The court noted the 252-day delay was non-willful and granted an order subject to costs.
Condonation of delay allowed subject to payment of Rs. 10,000/- costs to the Registry within one week
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Sr. No. 15
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CJ Court
Case: CDLSW No. 25 of 2019 In LPA No. 57 of 2019
State of J&K
.....Appellant/Petitioner(s)
Through :- Sh. H A Siddiqui, Senior AAG.
v/s
Abdul Latif Wani
.....Respondent(s) Through :- Sh. RKS Thakur, Advocate.
CORAM:
HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
moving an application for condoning the delay. Reading of the averments made
in the delay condonation application would reveal that delay is not willful or deliberate, rather the appellant has taken all possible steps to ensure that the appeal is filed within time but it got delayed on account of procedural lapses which were beyond the control of the appellant.
LPA No.57/2019
2
List the appeal on 30.12.2021.
(SANJAY DHAR) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE
JAMMU 08.12.2021 Abinash
1 issue framed by the court
Whether condonation of delay in filing an appeal can be allowed when the delay is non-willful and due to procedural lapses beyond the appellant's control.
State of J&K
Abdul Latif Wani
Sanjay Dhar
Pankaj Mithal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
