Dismissed

Bal Krishan Sharma v. Vijay Kumar Gupta and Another

J&K HC7 Dec 2021MA/21/2021

Case brief

AI extract

What is this about?

The High Court of Jammu & Kashmir dismissed an appeal against a stay order. The appellant claimed lack of notice to the caveator, but the court found no material irregularity as the counsel had appeared initially. The appellant was granted liberty to approach the lower court for modification.

What did the court decide?

Liberty granted to approach the appellate court for modification of the order; liberty to file application for preponement.

Bal Krishan Sharma Vs Vijay Kumar Gupta and Another — Civil Procedure and Limitation | J&K HC (2021)

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Sr. No. 74

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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MA No. 21/2021 CM No. 9069/2021

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Bal Krishan Sharma

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…..Appellant(s)/Petitioner(s)

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Through: Mr. Vikram Sharma, Sr. Advocate with Mr. Jattan Singh Gill, Advocate.

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.…. Respondent(s)

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Vijay Kumar Gupta and another

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Through:

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Coram: HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE

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ORDER

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The court of learned Principal District Judge, Reasi vide order dated 18.11.2021 stayed the decree dated 30.10.2021, passed by the court of learned Munsiff, Katra, while admitting the appeal.

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The present appeal has been filed against the order of 18.11.2021 passed by the learned Principal District Judge, Reasi on the ground that inspite of the fact that the caveat had been filed in the matter, the appellant herein was not served as per law. The appellant herein was required to be heard before any interim order could be passed by the appellate court. The order impugned is required to be set aside on the aforesaid ground.

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It is pleaded by Mr. Vikram Sharma, learned Senior counsel appearing on behalf of the appellant that the learned appellate court has passed the impugned order though the requirement of issuance of notice to the caveator before passing such order was not complied with as per the provisions of Section 148-A CPC. The report given by the process server does not depict the factual position and, therefore, the order is liable to be set aside.

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As far as the appellant herein disputing the correctness of the report of process server is concerned, the same cannot be gone into by this court. The appellant instead of approaching this court could have approached the appellate court with his grievance.

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The perusal of the impugned order also reveals that the appellate court has recorded the appearance of junior of Mr. Pawan Khajuria, Advocate who

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MA No. 21/2021

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had filed the caveat and the appeal was fixed for arguments at 3 PM. However, no one appeared on behalf of the caveator when the case was again called at 3 PM. It is not the case of the appellant herein that the junior of Mr. Pawan Khajuria, Advocate did not infact appear before the appellate court and that his presence had been wrongly recorded. The impugned order was passed after hearing the counsel for the appellant therein as the counsel for the respondent did not appear when the file was taken up for consideration.

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As the appellant herein was represented by his counsel before the appellate court though not appearing later on in the proceedings, the court finds no material irregularity in proceeding with the matter by the appellate court.

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The court finds no substantial ground to entertain the appeal, which is, accordingly, dismissed. However, the appellant is at liberty to approach the appellate court for modification of the order. He is also at liberty to file appropriate application for preponement of the appeal/interim application.

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Jammu
07.12.2021
Pawan Chopra

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(Puneet Gupta)
Judge
Whether the order is speaking? Yes/No
Whether the order is reportable? Yes/No

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PAWAN CHOPRA 2021.12.09 11:08 I attest to the accuracy and integrity of this document

Bal Krishan Sharma v. Vijay Kumar Gupta and Another

Case brief

What is this about?

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Bal Krishan Sharma v. Vijay Kumar Gupta and Another

Case brief

What is this about?

What did the court decide?

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