| Case ID |
0e73d055-06d5-4362-af74-ec92052484f1 |
| Body |
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| Case Number |
C.A. No. 524 of 2019 |
| Decision Date |
Nov 08, 2022 |
| Hearing Date |
Nov 01, 2022 |
| Decision |
The appeal was dismissed due to the incompetency of the filing process. The court emphasized that certified copies of the judgment must be obtained by the appellants themselves or through their recognized agent, which was not adhered to in this case. The concurrent findings of the lower courts were upheld, reaffirming the principle that the High Court will not disturb such findings unless there is a clear misreading of the evidence. The judgment reiterated the importance of following procedural requirements strictly, as outlined in the Azad Jammu and Kashmir Supreme Court Rules, 1978. |
| Summary |
This case involves an appeal regarding a civil suit for declaration and possession under the Specific Relief Act, 1877. The appellants, represented by Advocate Sardar Abdul Hameed Khan, challenged a previous judgment of the High Court that dismissed their appeal against a decree in favor of the respondents. The court found that the appellants failed to obtain certified copies through the proper channels, making the appeal incompetent. The ruling highlights key procedural aspects of filing appeals, including the necessity for litigants to procure necessary documents directly or through duly authorized representatives. The court's decision reinforces the principle that concurrent findings by lower courts are rarely overturned unless there is clear evidence of error. This case serves as a pivotal reference for similar disputes involving procedural compliance in the appellate process. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Kh. Muhammad Nasim,
Raza Ali Khan
|
| Lawyers |
Sardar Abdul Hameed Khan,
Mr. Abdul Rashid Abbasi
|
| Petitioners |
others,
SHAHNAWAZ
|
| Respondents |
others,
MUHAMMAD MOHMAND
|
| Citations |
2023 SLD 7101,
2023 PLJ 34
|
| Other Citations |
2002 SCR 302,
2003 SCR 287,
2004 SCR 104,
2005 SCR 211,
2022 SCR 552,
PLJ 2022 SC (AJ&K) 131,
2016 SCR 496
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
9,
42
|