Decided on September 08,2020

STATE OF JAndK And ANR Appellant
Vijay Kumar Alias Raj Krishen Respondents


- (1.)By this order application filed by the appellants for condonation of delay in filing the Civil First Appeal, against the order dated 24.03.2017 and exparte judgment and decree dated 27.06.2016 passed by learned Principal District Judge, Budgam, in civil suit titled Vijay Kumar Vs. State and Ors, is proposed to be disposed of.
(2.)A suit titled Vijay Kumar alias Jai Krishen Vs. State and others was filed by the plaintiff (respondent No.1 herein) before the Court of Principal District Judge, Budgam. The relief prayed for in the suit is reproduced as under: "a. A decree of declaration declaring the plaintiff lawful owner in possession of suit land falling under survey No.1927/726 measuring 1 kanal 2 marlas situated at village Chandoora District Budgam. b. A mandatory injunction decree whereby the defendant be directed to pay the compensation as per the present market rate/value with respect to the suit land in favour of plaintiff along with rent since 1990 for user of the suit land. OR In alternate the defendant forest department be directed to handover the possession of the suit land unto the plaintiff and pay the rentals for the user of the suit land since 1990 till date to the plaintiff. c. After allowing part second of prayer "b" a permanent injunction decree be passed in favour of plaintiff and against the defendants whereby the defendants be permanently restrained from causing any sort of interference into the suit land.
(3.)Applicants/Appellants herein were impleaded as defendants No.1 and 6 to the said suit. The defendants failed to contest the suit and they were set exparte and the learned trial court proceeded to record exparte evidence of the plaintiff. After recording exparte evidence, the learned trial court vide its judgment and decree dated 27.06.2016, passed a decree in the following terms: "In the light of the aforementioned discussion, the suit of the plaintiff is decreed and the decree mandatory injunction to the effect that defendants 1, 3 and 6 shall pay the compensation under law in respect of the suit land measuring 1 (one) kanal and 2 (two) marlas under survey number 1927/726 (old) and 218 (new) situated at Chadoora Budgam in favour of the rightful person/persons provided the same is found in the physical possession of their department upon being ascertained from the defendants 2, 4, 5 and 7, is passed in the case. However, no order is made as to the costs."

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