Sadaf Niyaz Shah vs Syed Gh. Rabbani Shah And Anr on 7 March, 2025

Jammu & Kashmir High Court – Srinagar Bench

Sadaf Niyaz Shah vs Syed Gh. Rabbani Shah And Anr on 7 March, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                         Serial No. 84
                                                   Supplementary-1 Cause List

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR



                      CM No. 1196/2025 in
                     CM (M) No. 15/2022 c/w
                      CM (M) No. 103/2022


Sadaf Niyaz Shah
                                                    ... Petitioner(s)
                         Through: -
                 Mr Azhar-ul-Amin, Advocate.
                             V/s
Syed Gh. Rabbani Shah and Anr.
                                                  ... Respondent(s)

Through: –

Mr Showkat Ali Khan, Advocate for R-1; and
Mr Danish Majid Dar, Advocate for R-2.

CORAM:

Hon’ble Mr Justice Rahul Bharti, Judge.

(ORDER)
07.03.2025

01. This case was heard and reserved for order.

02. Given the fact that the record summoned from the

court below was voluminous one and the reading of the facts and

circumstances of the case did not make a very happy reading as

there was a foul smell coming out of the entire course of litigation

relatable to the subject matter property in reference. Today this

case was kept for final orders but Mr Showkat Ali Khan, learned

counsel for the respondent No.1 submits that his client is accusing
him of the fact that he did not file the written submissions in the

case.

03. On the other hand, Mr Danish Majid Dar, Advocate, a

newly engaged counsel on behalf of respondent No.2, has come

forward seeking rehearing of the matter.

04. Before this court considers the plea of both counsel,

this court then deems it appropriate to summon Advocates,

namely, Mr Mohammad Ashraf Bhat and Bashir Sidiq, through

whom the respondent No.1, namely, Syed Gh. Rabbani Shah is

said to have submitted an application along with an affidavit in

support before the trial court of Sub-Judge (Chief Judicial

Magistrate), Srinagar on 29th of October, 2021, wherefrom the

litigation took the course landing up before this court in the form

of present two petitions.

05. Mr Azhar-ul-Amin, the learned counsel for the

petitioner, apprises this court that one of the two aforementioned

advocates, namely, Advocate Mohammad Ashraf Bhat is

presently under preventive custody and, as such, may not be

available.

06. Be that as it may, before this court calls for virtual

hearing presence of Mr Mohammad Ashraf Bhat, Advocate, in
his confinement from District Jail, Kathua, it would be appropriate

for Advocate Mr Bashir Sidiq to be summoned to appear in person

before this court for making a statement with respect to the

accusation from the end of respondent No.1-Syed Gh. Rabbani

Shah in the matter of filing of application and the affidavit

therewith on his behalf before the court below.

07. Registrar Judicial, Srinagar is directed to summon

Advocate Mr Bashir Sidiq practicing in a District & Sessions

Court, Srinagar for his appearance in the matter on Tuesday, 11 th

of March, 2025. Registrar Judicial, Srinagar is also directed to

summon the original record of the civil suit titled ‘Sadaf Niyaz

Shah v. Syed Ghulam Rabbani Shah Naqashbandi‘ on file No.

34/N (41 of 2020) from the court of Sub Judge (Chief Judicial

Magistrate), Srinagar.

08. Registrar Judicial, Srinagar to send a Special

Messenger for procuring the record of the suit file in a sealed

cover and to ensure that the record is received by or before the

next date of hearing, which is Tuesday, 11th of March, 2025.

09. Registrar Judicial, Srinagar to issue notice to Advocate

Bashir Sidiq to be served through Principal District & Sessions

Judge, Srinagar.

10. List again on Tuesday, 11th of March, 2025.

(Rahul Bharti)
Judge
SRINAGAR
March 7th, 2025
“TAHIR”

Tahir Manzoor Bhat
I attest to the accuracy and
authenticity of this
document