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2015 DIGILAW 254 (JK)

Bansi Lal Ganjoo v. Prince Saleem Zargar

2015-05-20

DHIRAJ SINGH THAKUR, N.PAUL VASANTHAKUMAR

body2015
JUDGMENT : This application is filed seeking condonation of delay of 213 days in filing the appeal against the order dated 23.07.2014. On perusal of the order, we find that learned counsel for the parties conceded at bar that order dated 9th March 2007 is illegal as the same having been passed without following the provisions of Jammu and Kashmir Migrants Immovable Property (Preservation, Prevention and Restraint on Distress Sales) Act, 1997. Learned counsel for the applicant submits that consensus was not given before the learned Single Judge, and the same is wrongly recorded. In such circumstances, this Court is unable to condone the delay. Accordingly the condonation of delay application is dismissed. However, learned counsel is at liberty to approach before the learned Single Judge to explain the position for recalling of the order 23.07.2014.