BEFORE THE HON’BLE COURT OF MUNSIFF AT ANANTNAG .
IN THE CASE OF :-
1. Farooqa Akhter W/o Late Ghulam Mohammad
Mallah
2. Sufaira Akhter
3. Humaira Mehmood
4. Unzalat Jan
5. Naziya D/o Late Ghulam Mohammad Malla
6. Tawab Hussain Malla S/o Late Ghulam Mohd.
Malla
Residents of Brinal Lamard District Kulgam .
V/S
1. Mst. Naseema Widow of Ghulam Hassan Teeli
2. Ab. Rehman Malla S/o Amma Malla
3. Mohd. Jamal Malla S/o Amma Malla
4. Altaf Hussain Malla S/o Late Ghulam Mohammad Malla All Residents
of Brinal Lamard .
(Non-applicants.)
IN THE MATTER OF:
That the above-captioned Application for condonation of delay arises out of
an execution which came to be dismissed in default on -01-2023 titled as
‘Mohammad Akram Bhat V/s. Nisar Ahmad Thukroo .
1. That above titled execution petition was filed by the applicant/decree
holder against the non-applicants/judgement debtors before this honourable
court and in which the warrants came to be issued against the non-
applicant/judgement debtors but the said execution petition came to be
dismissed in default for non- prosecution .
2. That the non-applicant/judgement debtor had never caused appearance
before this honourable court despite of service of summons and therefore the
rights of the non-applicant/judgement will not get prejudiced in case
application seeking condonation of delay is allowed.
3. That the presiding officer of this honourable court was busy with the
judicial conference and thereafter resumed the office on and which
prevented the applicant/decree holder to apply for issuance of certified copy
of the dismissal order dated -01-2023 though the applicant had inquired
from the civil registry about its issuance but was informed that presiding
officer is on leave and when the presiding officer of this honourable court
resumed the office the applicant without wasting the time has filed an
application for issuance of certified copy which was provided to applicant on
4. That the delay was neither intentional nor willful, but was bonafide and it
was because of the reason mentioned hereinabove.
5. That applicant craves for the leave of this honourable court to take rest of
the pleas at the time of advancement of arguments.
6. That application is supported by a duly sworn affidavit.
In these circumstances, there is sufficient cause as contemplated in law
and in the facts and circumstances, for allowing the condonation of the
above mentioned delay.
6. That the Hon’ble Apex Court through its judgment in Collector,Land
Acquisition, Anantnag v. Khatji, [AIR 1987 SC 1353] has observed
“Refusing to condone delay can result in a
meritorious matter being thrown out at the very threshold and
cause of justice being defeated. As against this when delay is
condoned the highest that can happen is that a cause would be decided on
merits after hearing the parties.” Further, it held
that it must be grasped that judiciary is respected not on account of its power
to legalize injustice on technical ground but because it is capable of
removing injustice and is expected to do so.
7. That in the aforementioned facts and circumstances, the
Applicant i.e., Defendant herein respectfully prays for
condonation of delay in filing the present execution petition.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court maybe
pleased to: -
A) Condone the delay of ______ days in filing of the restoration application
in the present execution petition and/or
B) Pass any such order/orders that this Hon’ble Court deems fit.
APPLICANT THROUGH COUNSEL
