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2025 DAILYLAW 9066 (JK)

SUNIL TIKOO v. MOHAMMAD AKBAR KHAN AND ORS.

LPA/200/2023 · 2025-07-10

Sanjay Parihar, Sanjeev Kumar

body2025

Judgment text

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Serial No. 40 SUPPLEMENTARY LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM 6041/2023 IN LPA 200/2023 SUNIL TIKOO … Appellant(s) Through: Mr. Ahmad Javid, Advocate Vs. MOHAMMAD AKBAR KHAN AND ORS. ...Respondent(s) Through: Mr. Shariq J Reyaz, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDE R 10.07.2025 CM No. 6041/2022: This is an application filed by the appellant seeking condonation of delay of 543 days in filing the appeal. The application, for the reasons stated therein, is allowed, and the delay in filing the appeal is condoned. CM disposed of. LPA No. 200/2023:- Impugned in this Letters Patent Appeal is an order dated 24th January, 2022, passed in CM No. 92/2022, filed in OWP No. 1838/2018. The said order has been passed on 24th January, 2022, whereas the OWP No. 285/2016 was disposed of vide order dated 21st October, 2019. It therefore clearly transpires that on the date order was passed in OWP No. 285/2016, the said petition already stood disposed of. The application could not have been moved in OWP No. 1838/2018, which is a MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 11.07.25 petition filed by the appellant herein with regard to a different cause of action. Viewed from any angle, the impugned order dated 24th January, 2022, is not sustainable in law. The appeal is, accordingly, allowed and the order dated 24th January, 2022, is set aside, leaving it open to the respondents herein to work out their remedy against the notice challenged in the application, by way of an appropriate proceedings. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 10.07.2025 “Mir Arif” MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 11.07.25