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2025 DAILYLAW 9285 (JK)

ABDUL GANI WANI AND ORS. v. MOHAMMAD ISMAIL NENGROO AND ANR.

CM(M)/220/2021 · 2025-02-18

Vinod Chatterji Koul

body2025

Judgment text

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S. No. 19 Regular Cause List INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 220/2021 ABDUL GANI WANI AND ORS. …Appellant(s)/Petitioner(s) Through: Mr. Rizwan-un-Zaman Bhat, Advocate Vs. MOHAMMAD ISMAIL NENGROO AND ANR. ...Respondent(s) Through: Mr. G. N. Sofi, Advocate CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE ORDER 18.02.2025 When this matter came up today for consideration, respondents’ counsel has started his inning of arguments by stating that instant petition has been filed against a dead person, i.e., respondent no.1, inasmuch as he was dead much before filing of this petition, therefore, he would contend that this petition is not maintainable. To this contention of counsel for respondents, Mr. Rizwan, appearing for petitioners, submits that he was not having knowledge about death of respondent no.1 and even if he was dead prior to filing of instant petition, then respondents were required to bring this fact before the appellate authority for impleading/bringing on record his legal heirs. Learned counsel for the petitioners, however, lastly submits that petitioner would be satisfied if this petition is disposed of by allowing the petitioners to raise the issue regarding non-impleading of the legal heirs of respondent no.1 (who is appellant no.1 before the appellate authority) and take all other grounds available to him in the said appeal. -2- CM(M) 220/2021 Therefore, in view of the submissions made by learned counsel for the petitioners, this petition shall stand disposed of. He can take all the grounds available to him before the appellate authority regarding the appeal including the effect of the death of the respondent no. 1 during the pendency of the appeal. Disposed of as above along with all connected CM(s). (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 18.02.2025 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 25.02.2025 10:55