High CourtsSingle Bench(2023) 06 J&K CK 0032

Sher Mohd Alias Sher Ali vs Fateh Mohd. And Others

Jammu And Kashmir High Court · Decided on 14 June 2023

HON’BLE JUDGES
Rajnesh Oswal, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous No. 106 Of 2023

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Judgment

6 paragraphs · 198 words

Rajnesh Oswal, J

1.

The grievance projected by the petitioner in the present petition is that after thirteen years of passing of interim order by learned Chief Judicial Magistrate, Kathua dated 21.05.2010, the same was assailed by the respondents and the learned appellate court vide order dated 23.05.2023 kept the order in abeyance.

2.

Though the order dated 23.05.2023 is an interlocutory order and the appeal has been posted for 17.06.2023, but prima facie it appears that the appeal was barred by limitation and the learned appellate court was required to look into the issue of delay without passing any order.

3.

Be that as it may, this Court deems it proper to permit the petitioner to raise all the pleas raised in this petition before the appellate court i.e. Principal District Judge, Kathua and till then, order dated 23.05.2023 (supra) shall remain in abeyance and the status quo as it exists today shall be maintained on spot.

4.

Needless to say that this Court has not expressed any opinion qua the merits of the claim of the parties. Learned appellate court shall pass the order after hearing both the parties in accordance with law.

5.

Disposed of.