AB. AZIZ MIR Vs. SUHAIL NABI AND ORS.

JUDGEMENT

(1.) THE Ist. Additional District Judge, Srinagar, passed a decree and judgment on 24th June, 1997 in a Civil Original Suit titled Mst. Zainab Begum versus Mushtaq Ahmad Dar and others. The learned trial Court passed the decree for pre -emption in respect of suit property in favour of the Plaintiff -non applicant. The Applicant -Appellant was not party in the Suit. The Applicant -Appellant, after learning about the decree passed by the learned trial Court, challenged the same in a writ petition (OWP 45/1998). The learned writ Court allowed the writ petition vide its decision dated 19th February, 2007. The judgment and decree, passed by the learned trial Court, was set aside and case was remanded to the learned trial Court for fresh adjudication. The learned trial Court was directed to implead the writ petitioner as party -defendant in the said case. The learned trial Court was also directed to allow the writ petitioner to file the written statement. The Plaintiff -non Applicant was also given liberty to amend the Suit, if required, in view of the changed circumstances of the case.

(2.) THE Plaintiff - non Applicant, feeling aggrieved of the judgment of the learned writ Court, challenged the same in Letters Patent Appeal (LPA) 73/2007. The Letters Patent Bench of the Court set aside the judgment of the learned writ Court and restored the judgment and decree of the learned trial Court dated 24th June, 1997 along with execution proceedings.

(3.) IT is in the aforestated backdrop that this Application has been filed with the prayer that leave be granted to the Applicant -Appellant to file Appeal against the judgment and decree passed by the learned Ist. Additional District Judge, Srinagar.