ABDUL SAMAD BHAT AND ANOTHER v. JAVID AHMAD HAKAK AND ANOTHER
CFA/139/2017 · 2025-06-05
Vinod Chatterji Koul
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9494 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9494 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
12 Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM No. 3824/2025 In CFA No. 139/2017
Abdul Samad Bhat and anr.
….. Petitioner (s) Through: Mr. Zahoor A Shah, Adv. V/s
Javid Ahmad Hakak and anr.
….. Respondent(s)
Through:
Coram:
Hon’ble Mr. Justice Sanjay Dhar, Judge
ORDER 30.06.2025
CM No. 3824/2025:
This is an application seeking restoration of the appeal which has been dismissed for non-prosecution on 05.06.2025.
A perusal of the record shows that the plaintiffs/appellants have filed appeal against the judgment and decree dated 01.11.2017 passed by the learned Additional District Judge, Srinagar whereby the suit of the plaintiffs/appellants for enforcing their right of prior purchase against the respondents/defendants in respect of the suit property, has been dismissed.
During the pendency of this appeal, Jammu and Kashmir Right to Prior Purchase Act, stands repealed upon coming into force of the Jammu and Kashmir Reorganization Act, 2019. On account of this development, the suit itself has been rendered infructuous. Therefore restoring the appeal itself to its original number, would be an exercise in futility. The application is, therefore, dismissed. If the plaintiffs/appellants have any other legal remedy against the respondents/defendants, this order shall not come in their way.
(Sanjay Dhar)
Judge
SRINAGAR 30.06.2025 Aasif