WASEEM AHMAD WAR Vs. SHOWKAT HUSSAIN NAJAR

JUDGEMENT

(1.) The petitioner by medium of the instant petition has challenged the order passed by the court of learned Principal District and Sessions Judge, Srinagar on 1st of April, 2021, in the appeal filed by the Respondent No. 6, in terms whereof, the appellate court while issuing notice in the appeal, had stayed the order passed by the learned Munsiff/Sub Registrar, Srinagar, on 8th of March, 2021. The order impugned is challenged mainly on the ground that the appellant/Respondent No. 6 herein, is a stranger to the proceedings and without adhering to the law/procedure on the subject and without seeking impleadment as party in the suit filed by the petitioner herein, challenged the order in the appeal, which is bad in law.

(2.) The next contention raised by Mr. Arif Sikander, learned appearing counsel for the petitioner is that the appellate court has granted leave to the Respondent No. 6 to file appeal without hearing the petitioner, which is not only patently wrong but has resulted in non-adherence to the procedure as established under law.

(3.) Mr. Arif Sikander, learned appearing counsel for the petitioner has supported the contentions so raised with the judgment of the Hon'ble Supreme Court rendered in Civil Appeal Nos. 2701-2704 of 2020 titled Sr V.N. Krishna Murthy and Anr vs Sri Ravi Kumar and Ors. In Paragraph 20 of the said judgment, the Hon'ble Supreme Court has laid down the principle to be followed while granting leave to appeal to a person not a party to the proceeding against the order/decree or judgment. Paragraph 20 the judgment being relevant is taken note of: