Allowed

Wazir Shah v. Union Territory of J and K through Commisioner/Secretary to Govt Revenue Department

J&K HC8 Sept 2026WP(C)/784/2021

Case brief

AI extract

What is this about?

The High Court of Jammu & Kashmir and Ladakh allowed applications for condonation of delay regarding the restoration of a default-dismissed writ petition. The court directed the petitioner to pay Rs. 1000 as costs and restored the main petition for hearing.

What did the court decide?

Condonation of delay allowed; main petition restored; Rs. 1000 costs deposited in Lawyers Welfare Fund.

Wazir Shah Vs Union Territory of J and K through… — Civil Procedure and Limitation | J&K HC (2026)

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Serial No.90 Supp. Cause List

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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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CM(6239/2025) IN WP(C) 784/2021 CM(2336/2021) CM(6240/2025)

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WAZIR SHAH(SENIOR CITIZEN)

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…Petitioner/Appellant(s)

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Through: Mr. Sajid Irfan, Adv.

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Vs.

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UNION TERRITORY OF J AND K THROUGH COMMISIONER/SECRETARY TO GOVT REVENUE DEPARTMENT

...Respondent(s)

Through:

CORAM:

HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.

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ORDER 26.09.2025

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CM No. 6239/2025 1. Through the medium of the instant petition, the

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applicant/petitioner seeks the condonation of delay occasioned in filing the accompanied restoration application. The

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restoration application in respect of which the condonation of delay is sought has been filed in respect of the petition bearing WP(C) No. 784/2021 that came to be dismissed in default on 30.05.2025. The contesting respondents in the main petition i.e., the private parties had not appeared in the matter up to

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the date of dismissal of the petition, because as per the perusal

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of the record, the steps were not taken by the

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applicant/petitioner regarding their summoning.

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Heard the learned counsel for the applicant/petitioner and considered his submissions.

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Perused the instant application which is supported with an affidavit.

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A ground appears to be made out for allowing this application.

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Accordingly, the instant application is allowed in the ends of justice subject to payment of costs of Rs. 1000/- to be deposited in the Lawyers Welfare Fund against proper receipt. The delay in filing the accompanying restoration application is accordingly condoned.

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CM disposed of.

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CM No. 6240/2025

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The instant application is taken on board pursuant to the grant of condonation of delay application above.

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Heard the learned counsel for the applicant in respect of the application and considered his submissions.

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Perused the instant application which is also supported with an affidavit.

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A ground appears to be made out for grant of application, so as to allow the main dismissed petition to be restored and decided on its merits.

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Accordingly, this application is allowed subject to payment of costs of Rs. 1000/- to be deposited in the Lawyers Welfare Fund against proper receipt.

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CM disposed of.

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The main petition is accordingly restored at its original number along with miscellaneous applications and its orders. The main petition shall come up for hearing on 7^th November, 2025. The ad-interim order dated 22.04.2021 already passed in the main petition shall stand withdrawn in case the costs are not paid and steps are not taken for effecting service upon the respondents especially respondents 10 to 16 (private respondents).

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(MOHD YOUSUF WANI) JUDGE

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SRINAGAR:

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26.09.2025

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“Sakeena-PS”

Wazir Shah v. Union Territory of J and K through Commisioner/Secretary to Govt Revenue Department

Case brief

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Wazir Shah v. Union Territory of J and K through Commisioner/Secretary to Govt Revenue Department

Case brief

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