BASHIR AHMAD DAR Vs. SHAMEEMA

JUDGEMENT

(1.) This Civil Second Appeal has been filed against the judgment dtd. 21/11/2013, passed by District Judge, Kulgam (for short "First Appellate Court"), dismissing the application seeking condonation of delay and as a consequence of which dismissing the appeal as well holding it as time barred.

(2.) Appellant therein had challenged the said decree on the grounds:

(3.) The brief facts of the case are that plaintiff-respondent no.1 herein filed a civil suit titled as Shameema v. Salam Thokar and another before the court of Munsiff Damhal Hanji Pora, Kulgam (for short "Trial Court") on 14/11/2005, praying for grant of permanent injunction against defendants, including present appellant - who had been defendant no.2 therein, restraining them from alienating land measuring 14 Kanals 05 Marlas falling under survey No.201 min situated at village Chugalpora District Kulgam, as the dispute between the parties is that the partition of the land has not been done between the co-owners and suit land being undivided between the parties. The defendants in their written statement have claimed that the land has been partitioned between the co-sharers and no portion of it is undivided and furthermore defendant no.1 has already transferred a portion of land to defendant no.2 before institution of suit and formal sale deed to that effect has been executed way back on 26/11/2008, as the sale deed stands registered by the Sub Registrar on 6/12/2008. The possession of land also stands delivered, and as a consequence of which the injunction suit is liable to be dismissed.