Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 7558 (JK)

STATE OF J AND K AND OTHERS (EDUCATION DEPTT v. MOHAMMAD AFZAL SHAH

LPASW/103/2017 · 2025-04-30

Sanjeev Kumar, Vinod Chatterji Koul

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

LPASW No. 103/2017 Page 1 of 2 Sr. No. 7 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPASW No. 103/2017 State of JK & Ors. …Petitioner(s)/Appellant(s) Through: Mr. Alla-ud-din Ganai, AAG with Ms Shaila Shameem, AC. Vs. Mohammad Afzal Shah ...Respondent(s) Through: Mr. L. A. Latief, Adv. CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 30.04.2025 On 8th June 2023, Mr. L. A. Latief, learned counsel appearing for the respondent-Mohammad Afzal Shah brought it to the notice of the Court as also to the counsel for the appellants that his client had died. On this, learned counsel for the appellants sought time to take necessary steps for substitution of his legal heirs. For almost one year, no steps were taken to substitute the legal heirs of deceased-respondent. On 16th May 2024, this Court having regard to the fact that the appellants had failed to substitute the legal heirs of the deceased-respondent within statutory period held the appeal abated. This abatement has not been set-aside by any order from this Court. It seems that instead of filing an application for setting aside the abatement, the appellants filed an application for restoration of the appeal and this Court vide order dated 28th August 2024 accepted the application and erroneously restored the appeal which stood abated. Be that as it may, even upon restoration of the appeal vide order dated 28th August 2024, no steps were taken by the appellants to substitute the legal heirs of the deceased-respondent. Mohd Altaf Nima I attest to the accuracy and authenticity of this document 01.05.2025 LPASW No. 103/2017 Page 2 of 2 In view of the consistent failure of the appellants to take requisite steps to substitute the legal heirs of the deceased-respondent who was reported to have passed away in the year 2023 and recorded as such in order dated 8th June 2023. In these circumstances, we are left with no option but to dismiss this appeal yet again as having abated. Ordered accordingly. (VINOD CHATTERJI KOUL) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 30.04.2025 Altaf Mohd Altaf Nima I attest to the accuracy and authenticity of this document 01.05.2025