S. No. 3 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM No. 6431/2025 In LPASW No. 103/2017 State of J&K and Ors. …Appellant/Petitioner(s) Through: Mr. Allau-ud-Din Ganie, AAG Vs. Shahzada Begum Wd/o Late Mohammad Afzal Shah and Ors. ...Respondent(s) Through: Mr. L. A. Latief, Advocate CORAM: HON’BLE MS JUSTICE SINDHU SHARMA, JUDGE HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE O R D E R 06.03.2026 CM No. 6431/2025 in LPASW No. 103/2017: 01. By way of this application, the applicants/appellants seek condonation of delay of 119 days in filing the application for restoration/setting aside of abatement in the above titled appeal. 02. The applicants submits that they had preferred Letters Patent Appeal (LPA) on 12.06.2017 against the judgment dated 25.11.2016 and same remained pending for consideration. During the pendency of the appeal, the Respondent passed away in 2023. After the death of the Respondent, the legal heirs of respondent could not be brought on record and the appeal abated. 03. The Applicants previously moved an application for restoration along with condonation of delay, which was initially allowed. However, the matter was later dismissed on 30.04.2025 due to the failure of the applicants to substitute the legal heirs within the stipulated time. 04. The applicants submit that the delay occurred because the Applicants were diligently pursuing the appeal but faced bona fide difficulties in obtaining the complete details and identities of all legal heirs of the deceased Respondent. Consequently, the substitution could not be completed within the prescribed limitation period. 05. In light of the aforementioned circumstances, the Applicants pray that the delay be condoned and the abatement be set aside in the interest of justice. 06. The respondents/non-applicants have opposed the condonation of delay as no justifiable cause for explaining the same has been given. It is submitted that the applicants have not been deligent in their cause. 07. Having regard to the aforesaid facts and circumstances, the applicants have been pursuing the appeal from 2017 till the matter was dismissed. 08. In case “Collector Land Acquisition, Anantnag & Ors vs. Mst. Khatiji & Ors, reported in AIR (1987) 1353”, the Hon’ble Supreme Court held as under: “There is no warrant for according a step motherly treatment when the 'State' is the applicant praying for condonation of delay. In fact experience shows that on account of an impersonal machinery (no one in charge of the matter is directly hit or hurt by the judgment sought to be subjected to appeal) and the inherited bureaucratic methodology imbued with the note-making, file pushing, and passing on-the-buck ethos, delay on its part is less difficult to understand though more difficult to approve. In any event, the State which represents the collective cause of the community, does not deserve a litigant-non-grata status. The Courts therefore have to be informed with the spirit and philosophy of the provision in the course of the interpretation of the expression "sufficient cause". So also the same approach has to be evidenced in its application to matters at hand with the end in view to do even handed justice on mertis in preference to the approach which scuttles a decision on merits. Turning to the facts of the matter giving rise to the present appeal, we are satisfied that sufficient cause exists for the delay. 09. The applicants have shown sufficient cause to condone the delay. Accordingly, 119 days’ delay in filing the application for restoration /setting aside of abatement is condoned, subject to payment of costs of Rs.5000/- to be deposited in the Litigants Welfare Fund. 10. CM No. 6431/2025 is disposed of. 11. Application for restoration/setting aside of abatement is taken on board. CM No. 6432/2025 in LPASW No. 103/2017: 12. This is an application seeking restoration/setting aside of abatement in the above titled appeal. 13. Notice. 14. Notice is waived by Mr. L. A. Latief, Advocate, on behalf of non- applicants/respondents. He shall file objections by the next date of hearing. 15. The contempt proceedings in CCP(S) No. 227/2025 shall remain deferred till further orders of this Court. 16. List the application for restoration/setting aside of abatement on 10.04.2026. (SHAHZAD AZEEM) (SINDHU SHARMA) JUDGE JUDGE SRINAGAR 06.03.2026 Manzoor