RUQAYA RASOOL Vs. MUMTAZ AHMAD SHAH & ANR.

JUDGEMENT

(1.) The petitioner/decree holder, being aggrieved of the order dated 23rd of April, 2014, passed by the Court of learned 1st Additional Sessions Judge, Srinagar, in an application filed by the respondent No. 1 herein seeking condonation of delay in filing the appeal against the judgment and decree dated 23rd of December, 1994, challenges the same in the instant revision petition on the grounds detailed out in the petition.

(2.) The brief facts leading to the filing of the revision petition in hand are that the petitioner and the respondent No. 2 herein, i.e. the sister of the petitioner, had filed a suit for declaration and injunction against their father, namely, Ghulam Rasool Shah, before the Judge Small Causes Court, Srinagar, which, on adjudication, has been decreed in terms of judgment and decree dated 23rd of December, 1994. Resultantly, the decreed property as claimed is in possession of the petitioner and the respondent No. 2 herein. The respondent No. 1 herein, namely, Mumtaz Ahmad Shah, as stated, having got the knowledge of the decree and judgment in the month of June, 2011, had immediately applied for a certified copy of the judgment and decree, which, as stated, was made available to him on the 7th day of July, 2011. Thereafter, the respondent No. 1 herein filed appeal against the judgment and decree dated 23rd of December, 1994, passed by the Court of learned Judge Small Causes, Srinagar. Alongside, the appeal, the applicant/appellant/respondent No. 1 herein also filed an application seeking condonation of delay in filing the appeal. The cause supplied with reference to seeking condonation of delay has reference to paragraph Nos. 6 and 7 of the application so filed before the Appellate Court and, same being relevant, are taken note of:

(3.) Heard the learned counsel for the parties, considered the matter and perused the record.