Single judge order allowing an application for restoration of a writ petition previously dismissed for non-prosecution, finding the petitioner showed sufficient cause for absence.
Restoration of OWP No. 1376/2017 connected to original number and listed for hearing.
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Regular list Serial No. 13
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RESOW No. 20/2018
Suhail Rashid Mir
… Petitioner(s)
Through: Mr. T.A.Lone, Adv.
V/s
State of JK and Ors.
Through: Mr. Sheikh Feroz, Dy.AG.
… Respondent(s)
CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
O R D E R
09.12.2021
This is an application seeking restoration of OWP No. 1376/2017 dismissed for non-prosecution vide Order dated 9th May, 2018. The application is within time, respondents have not filed their objections though the matter is pending for the last three years.
Be that as it may, this Court finds that the petitioner has shown sufficient cause for his nonappearance on 9th May, 2018, when the writ petition was dismissed for non-prosecution.
Accordingly, the application is allowed and OWP No. 1376/2017, dismissed for non-prosecution, is restored to its original number.
Registry to list the writ petition on 15th March, 2022.
JUDGE
Srinagar 09.12.2021 “Shamim Dar”
(SANJEEV KUMAR)
1 issue framed by the court
Whether the application for restoration of a writ petition dismissed for non-prosecution is maintainable and whether sufficient cause was shown for non-appearence.
Suhail Rashid Mir
State of JK and Ors.
SANJEEV KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
