Jammu & Kashmir High Court
Prem Dass & Anr vs Sham Lal And Ors on 24 July, 2025
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Sr. No.137
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CM(M) 206/2025
CM 4306/2025
Prem Dass & Anr. .....Applicant(s)/Petitioner(s)
Through :- Mr. Rajnish Raina, Advocate
v/s
Sham Lal and Ors. .....Respondent(s)
Through :-
CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
24.07.2025
1. By this petition, petitioners-herein have sought jurisdiction of this
Court vested under Article 227 of the Constitution of India, thereby
challenging orders dated 08.08.2024 and 05.09.2024 passed by the
learned 1st Additional District Judge, Jammu, in appeal titled as
“Sham Lal & Ors. Versus Prem Dass & Ors.” whereby, the learned
Appellate Court vide ex-parte interim order dated 08.08.2024,
stayed the operation of the order dated 08.01.2024, passed by the
Court of learned Munsiff, Akhnoor, in case titled as “Prem Dass
versus Sham Lal & Ors.“. Petitioners have also challenged the
order dated 05.09.2024, whereby the In-charge Police Post Chowki
Choura, Jammu was directed to implement the ex-parte order dated
08.08.2024.
2. Learned counsel for the petitioners states that although the
application seeking condonation of delay was finally heard on
19.11.2024, the learned Appellate Court has failed to pronounce the
order therein for over 07 months and 16 days. It is submitted that
the grant of interim ex-parte relief prior to adjudication of the
application for condonation of delay is contrary to the settled legal
position. It is further contended that such action of the learned
Appellate Court is not in consonance with law.
2 CM(M) 206/2025
CM 4306/2025
3 In support of his submissions, learned counsel for the petitioners
has relied upon a judgment of this Court in “Altaf Ahmad Bhat versus Vice
Chairman, SDA & Ors.” and a judgment of Patna High Court in case titled
“Basil Michael Quadros versus The State of Bihar & Ors“, wherein it has been
held that an appellate Court must first decide the issue of limitation before
proceeding to consider the matter on merits or to grant any interim relief.
Heard and considered.
4 Issue notice to the respondents, returnable within three weeks,
subject to the petitioners taking requisite steps within one week.
5 Perusal of the record reveals that this Court, vide order dated
21.07.2025, had directed the learned Additional District Judge, Jammu, to
submit a report regarding the submissions made by learned counsel for the
petitioners. However, no such report has been received till date. Accordingly,
the Registry is directed to send a reminder to the concerned Court for
compliance with the directions issued vide order dated 21.07.2025.
6 In the meanwhile, subject to objections from the other side and till
the next date of hearing before the Bench, operation of the impugned orders
dated 08.08.2024 and 05.09.2024 shall remain stayed.
7 List on 25.08.2025. It is made clear that this order shall be subject
to alteration/modification/vacation on motion.
(MOKSHA KHAJURIA KAZMI)
JUDGE
JAMMU
24.07.2025
AKHILESH