Jammu & Kashmir High Court
Shashi Kumar vs Ravi Kumar & Anr on 19 December, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 07
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- CSA No. 08/2016
Shashi Kumar .....Appellant(s)/Petitioner(s)
Through: Mr. P. N. Raina, Sr. Advocate with
Mr. J. A. Hamal, Advocate.
Vs
Ravi Kumar & Anr.
.....Respondent(s)
Through: Mr. R. K. S. Thakur, Advocate.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(19.12.2024)
01. Heard Mr. P. N. Raina, learned Senior Advocate assisted by
Mr. J. A. Hamal, Advocate.
02. This is second round civil 2nd appeal coming before this
Court this time by the original plaintiff/landlord against
judgment and decree of reversal dated 23.05.2016 passed
by the appellate court of learned Principal District Judge,
Udhampur in civil 1st appeal on file No. 14/Appeal of 2011
titled – “Ravi Kumar vs. Shashi Kumar“.
03. Before this civil 2nd appeal coming before this Court, it is
the defendant No. 1/respondent No. 1 – Ravi Kumar who
had come up with civil 2nd appeal on file CSA No. 31/2012
before this Court challenging judgment and decree of
confirmation dated 30.10.2012 whereby the civil first
appeal preferred by respondent No. 1/defendant No. 1
2 CSA No. 08/2016
against judgment and decree dated 31.03.2011 of trial
court of Sub-Judge, Udhampur.
04. In his written statement before trial court of Sub-Judge,
Udhampur filed on 17.10.2006, the contesting defendant
No. 1/respondent No. 1 did not plead as to what business
was being conducted by him at the suit shop as a tenant of
the appellant/plaintiff.
05. It is only in his civil first appeal that the defendant No.
1/respondent No. 1 came forward with an averment that he
was running a shop of electronic goods in the busy market
of Gole Market in Udhampur. In the trial court judgment,
there was a finding of the fact that the defendant No.
1/respondent No. 1 was having his ownership shops that
too in vacant position.
06. In his memo of appeal before the lower appellate court, the
defendant No. 1/respondent No.1 did not come forward
with any challenge to the finding of fact that he was having
in his ownership vacant shops in Udhampur.
07. The civil 2nd appeal preferred by the defendant No.
1/respondent No. 1 on file CSA No. 31/2012 becomes
important for this Court to take in perspective, the stand of
the defendant No. 1/respondent No. 1 against the
confirmed findings of fact to the effect that the defendant
No. 1/respondent No. 1 was having shops at his disposal in
Udhampur.
3 CSA No. 08/2016
08. Therefore, the Registrar Judicial, Jammu is directed to tag
the record of file CSA No. 31/2012 alongwith the present
memo of appeal by the next date of hearing.
09. List in continuation on 06.02.2025.
10. Interim direction, in terms of an order dated 17.08.2016, to
stay in force till final disposal of the case.
(RAHUL BHARTI)
JUDGE
JAMMU
19.12.2024
Bunty
Bunty Kumar
2024.12.21 16:28
I attest to the accuracy and
integrity of this document
Jammu