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2025 DAILYLAW 8076 (JK)

NOOR-UD-DIN LONE AND ANOTHER v. MOHAMMAD AHSAN BHAT (MACT) AND ANR

RP/52/2025 · 2025-07-09

Rajnesh Oswal

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR RP No. 52/2025 Noor-ud-Din Lone and Anr. ……...Appellant(s) Through: Mr. A. M. Khan, Advocate Versus Mohammad Ahsan Bhat and Anr. …..Respondent(s) Through: CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE (ORDER) 09.07.2025 01. Review of order dated 04.06.2025, passed by this Court in LPA No. 104/2025 titled Noor-ud-Din Lone and Anr. Vs. Mohammad Ahsan Bhat and Anr., is being sought on the ground that this Court has not rightly considered the contention of the petitioners/appellants therein that the amendment of Section 100-A CPC of the year 2009 is prospective in nature and cannot be applied in the cases instituted prior to the year 2009. 02. Learned counsel for the petitioners has relied upon the Judgments of the Hon’ble Supreme Court of India in case titled Kamla Devi Vs. Khushal Kanwar & Anr., reported in AIR 2007 SC 663 and Chandra Kanta Sinha Vs. Oriental Insurance Company Limited, reported in (2001) 6 SCC 158, to substantiate his assertion. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 2 03. This Court vide its judgment dated 04.06.2025, has held that the intra Court appeal preferred by the petitioners against the order dated 24.07.2024, passed by the learned Single Judge in an appeal filed by the petitioners against the award dated 07.10.2008, is not maintainable. 04. This Court has already considered and determined the controversy and in fact, through the medium of this review petition, the petitioners have filed the appeal in the guise of review. The petitioners are re-agitating the issue determined by this Court through the medium of this review petition, as such, the same is not maintainable. (See Sanjay Kumar Aggarwal Vs. State Tax Office 2023 SCC online 1406). 05. In view of above, this review petition filed by the petitioners is dismissed. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Srinagar 09.07.2025 “Mohammad Yasin Dar” Whether the Judgment is reportable: Yes/No. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document