Excelsior Correspondent
SRINAGAR, Jan 21: High Court today recorded that a second appeal can be entertained when substantial questions of law are involved and admitted the second appeal for hearing filed against the judgment of the trial court and stayed its judgment.
Justice Mohan Lal said the Section 100 Code of Civil Procedure provides that second appeal would be entertained by the High Court only when it is satisfied that the case involves substantial questions of law. The other side resisted for admitting the second appeal filed against the judgment of Principal District Judge Kulgam by arguing that the appeal is farfetched and unsustainable under law.
“Therefore the ratios of judgements at this stage cannot be considered for the purposes of admission of the appeal. As substantial questions of law have emerged in the appeal, which requires final consideration, therefore, the appeal is admitted to hearing. The impugned judgment and decree dated 31.12.2021 passed by the court of Principal District Judge, Kulgam, is stayed till next date of hearing”, Justice Lal directed.
Court clarified that the appellants apprehend dispossession from the land on the behest of another party as such directed for maintaining of status quo on spot with regard to the property by recording that it becomes the bounded duty of the court to preserve the property.
The Civil Second Appeal was preferred by the aggrieved-appellants against the judgment and decree of the court of Principal District Judge, Kulgam without a copy of decree, as the same has not been furnished to the appellants by the appellate court.
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