STATE OF J&K AND OTHERS Vs. ZAHID HAYAT

JUDGEMENT

(1.) Delay of 414 days in preferring the appeal is sought to be condoned. Same is opposed by the learned counsel for the respondent, on the two counts:

(2.) Suit has been instituted on 08.08.2012, same has been decreed on 29.04.2014. Certified copy of the judgment and decree has been applied for on 18.06.2014 and same has been issued on 19.06.2014. Instant application seeking condonation has been filed on 18.08.2015. In the application for condonation of delay, following grounds have been projected:

(3.) It is a fact that the delay has been cogently explained. Record reveals that the appellants had caused appearance during trial of the suit and had filed the written statement. According to appellants, the engaged counsel did inform them about passing of the judgment but there is no such affidavit on behalf of the counsel to the effect that no information about passing of judgment was sent to the appellants. In the application it is stated that it is execution proceedings when a notice was served upon them on 05.06.2015, they came to know about passing of the judgment but then they have applied for the certified copy on 18.06.2014, same has been issued to them on 19.06.2014. From 19.06.2014 till filing of application on 18.08.2015, no explanation is forthcoming.