High CourtsDivision Bench(2022) 07 J&K CK 0047

Abdul Ahad Khan vs B.O.C.A. & Ors

Jammu And Kashmir High Court · Decided on 22 July 2022

HON’BLE JUDGES
Ali Mohammad Magrey, J · Mohd. Akram Chowdhary, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous No. 3677, 3678 Of 2022 In Others Writ Petition No. 277 Of 2013, IA No. 1, 420 Of 2013

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Judgment

3 paragraphs · 219 words

Applicant-Ghulam Mohammad Khan claiming to be son of petitioner who is stated to be dead during the pendency of the writ petition, has filed two applications, seeking condonation of delay and restoration of writ petition.

We have noticed that the relief prayed for in these applications cannot be granted, unless the legal heirs of the petitioner (Abdul Ahad Khan) seek permission to be brought on record, which has not been done. We have also notice that the Registry has entertained the applications of a stranger without even looking to the contents of the applications and relief prayed for. So is the case about the affidavits enclosed with these applications as full details of the applicant are not provided. Affidavits have been attested by Oath Commissioner with blind eye, who owes an explanation.

In the above background, these applications being filed by a stranger who is not party to lis, therefore, shall stand dismissed. However, dismissal of the applications shall not form any impediment for the legal heirs of the petitioner (deceased) to seek appropriate orders Registry is directed to seek explanation from the Oath Commissioner about his lapse and direct him to remain present before this Bench on the next date. CMs are accordingly disposed of. However, the matter be listed for limited purpose as directed above, on 29.07.2022