MOHAMMAD QASIM PASWAL Vs. MOHAMMAD RAMZAN WANI

JUDGEMENT

(1.) The Civil First Appeal has been filed against the impugned judgment and decree dtd. 11/6/2016, passed by the learned Court of Additional District Judge, Anantnag in Civil Suit No.13/N. The appellant seeks setting aside of the same.

(2.) The application for condonation of delay has been filed along with the appeal stating therein that the appellant had engaged Mr. Raja Mohd. Maqbool, Advocate for prosecuting his case before the trial Court. The applicant was told by the counsel that there is no need to appear in the Court. It is also submitted that his brother-in-law was admitted in the hospital from April, 2016 till July, 2017. On 29/7/2017, he came to know of the passing of the impugned judgment and decree when he received warrants from the executing Court. The copy of the order applied on 29/7/2017 was provided to him on 1/8/2017. The applicant contacted another counsel who advised him to file petition under Article 227 of the Constitution which was however withdrawn on 24/5/2022. Due to the aforesaid facts and circumstances the delay has occurred in filing the present appeal.

(3.) The respondent has appeared through counsel and contested the present application in hand. It is submitted that as per own showing of the applicant he had acknowledge of passing of the judgment and decree on 29/7/2017 and also received the copies of the same on 1/8/2017. The applicant had also filed an application for setting aside of the judgment and decree along with the condonation application before the trial Court and which is still pending for disposal. There is no explanation as to what prevented the applicant from approaching this Court from 29/7/2017 till filing of the present appeal. The appeal is not maintainable as the application for setting aside of the judgement and decree is still pending for disposal before the trial Court.