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2025 DAILYLAW 9480 (JK)

GHULAM NABI MIR AND ORS. v. MANZOOR AHMAD AND ORS.

RP/79/2023 · 2025-04-08

Tashi Rabstan

body2025

Judgment text

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Sr. No.1 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (through virtual mode) RP No.79/2023 in [OWP No. 515/2001] CM No. 7483/2023 CM No. 7484/2023 c/w OWP No. 20/2001 OWP No. 515/2001 CPOWP No. 135/2002 1. Ghulam Nabi Mir, Age 54 years 2. Ghulam Qadir Mir, Age 52 years 3. Ghulam Muhammad, Age 50 years 4. Abdul Rashid, Age 48 years All Sons of Ali Muhammad Mir 5. Ahad Mir S/O Jamal Mir, Age 62 years 6. Fayaz Ahmad, Age 51 years 7. Mohammad Yousuf, Age 50 years 8. Abdul Rashid, Age 49 years All Sons of Rehman Mir 9. Mohammad Yaqoob S/O Ghulam Muhammad Mir All residents of Abi Nowpora, Srinagar, 50 yrs. …Petitioner(s)/appellant(s) Through: None Vs. 1. Manzoor Ahmad. 2. Altaf Ahmad (Sons of Haji Saif-ud-Din) 3. Mumtaz Bano (Daughter of Haji Saif-ud- Din) 4. Haji Saif-ud-Din (Husband of Mst. Habla Begum) Residents of Batwara Srinagar. 5. Neelofar D/O Mohammad Khalil Resident of Saida Kadal, Srinagar. 6. Ab. Ahad Mir S/O Muhammad Sultan Resident of Rajbagh, Srinagar 7. Nusrat Jhan D/O Ghulam Ahmad Dar R/O Zaina Kadal, Srinagar. 8. Farida Fazili D/O Ghulam Mohd Fazili R/O Shivpora Srinagar 9. Parvez Fazili ...Respondent(s) 2 10. Arshad Fazili 11. Maqsood Fazili Sons of Mohammad Syed Fazili 12. Shahida Fazili 13. Yasmeen Fazili 14. Shaheen Fazili Daughters of Mohammad Syed Fazili 9 to 15 residents of Kursoo Rajbagh Srinagar. 15. Saleema Bano D/O Ghulam Nabi Mir R/O Rajbagh Sringar. 16. Saleema Bano D/O Mohammad Usman R/O Malarate Srinagar 17. Custodian Evacuee Property, Srinagar. Through: None. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 08-04-2025 CM No. 7483/2023 (Condonation of Delay Application) This is a condonation of delay application filed on behalf of the applicants seeking condonation of delay of 10 days in filing the review petition against the order dated 19.10.2023 passed in CM Nos.5875 & 5876/2023 (in OWP No. 515/2001), whereby on request made by learned senior counsel Mr. M Y Bhat, Advocate, CM No. 5875/2023& CM No. 5876/2023 were dismissed as withdrawn by this court, and the main petition was directed to be listed on 31.10.2023. However, the matter was not listed till today. The applicants have not ever laid any motion or made any effort for listing of the above application for condonation of delay for the reasons best known to them. The application seeking condonation of delay accompanying review petition was filed on 29.11.2023 and more than one and a half years have elapsed. Today, also no one has turned up to represent the applicants when the matter was taken up. This shows that applicants are not interested 3 in prosecuting the condonation application along with review petition any further. CM No. 7483/2023 is accordingly dismissed for non prosecution. Consequently RP No. 79/2023 is also dismissed. (TASHI RABSTAN) CHIEF JUSTICE SRINAGAR 08-04-2025 Raj Kumar 4