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High Court of Jammu and Kashmir · body

2025 DAILYLAW 5565 (JK)

ASHWANI KUMAR v. KRISHAN CHAND AND ORS.

CONC/175/2018 · 2025-06-06

Rahul Bharti

Review Petitionbody2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CONC No. 175/2018 Ashwani Kumar …..Appellant(s)/Petitioner(s) Through: Mr. M.K. Bhardwaj, Sr. Advocate with Mr. Manik Bhardwaj, Advocate Mr. Surjeet Andotra, Advocate Vs Krishan Chand & Ors. .…. Respondent(s) Through: Ms. Anandita Thakur, Advocate vice Mr. O.P. Thakur, Sr. Advocate for R-1 CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (06.06.2025) 01. A civil revision No. 47/2016 came to be preferred by Krishan Chand-respondent No. 1 herein wherein he named seven respondents which included as respondent No. 1-Ashwani Kumar who is the writ petitioner herein now. 02. The civil revision No. 47/2016 came to be disposed of vide an order dated 23.02.2018 which as per learned counsel for the petitioner-Ashwani Kumar was without putting the respondents in the revision petition in particular respondent No. 1 to any prior notice. Serial No. 74 2 CONC No. 175/2018 03. It is against said order dated 23.02.2018 that the petitioner-Ashwani Kumar, as being respondent No. 1 in civil revision No. 47/2016, came forward with the present time barred review petition filed on 27.08.2018. 04. Given the fact that the institution of the review petition is a time-barred, as such, is accompanied with an application for condonation of delay which delay has so far not been condoned and it has taken more than six years for an application for condonation of delay pending adjudication meaning thereby if allowed then the review petition is also bound to take another ten years for adjudication as if time is a free commodity in the life of institution and individual which is not the case. 05. Given the fact that revision petition was disposed of without affording an opportunity of hearing to the respondents and one of the respondent has taken an exception to it, as such, it cannot be heard from the end of the respondents herein who was the revision petitioner to say that he has an objection to the condonation of delay application even if there is any such objection that objection is overruled and condonation of delay application is allowed. 06. Review petition is taken on record. 3 CONC No. 175/2018 07. Registry is directed to diarize the review petition for purpose of considering as whether any ground for review is available at the disposal of the petitioner vis-à-vis the order dated 23.02.2018 passed in civil revision No. 47/2016. 08. Let the review petition upon being diarized be listed in the first week of July, 2025. (RAHUL BHARTI) JUDGE JAMMU 06.06.2025 SUNIL