Jammu & Kashmir High Court – Srinagar Bench
Aijaz Ahmad Sofi vs Mst. Fahmeeda Jan & Ors on 16 January, 2025
S. No. 10
Supply. List
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
AT SRINAGAR
CM No. 269/2025 in
CM (M) No. 24/2025
CM No. 270/2025.
Aijaz Ahmad Sofi.
.....Petitioner (s)
Through: Mr. Mudasir Bin Hassan, Advocate.
V/s
Mst. Fahmeeda Jan & Ors.
..... Respondent(s)
Coram:
Hon'ble Mr. Justice Mohammad Yousuf Wani, Judge.
ORDER
16.01.2025
CM No. 269/2025.
For the reasons stated in the application the same is allowed and the
requirement of filing certified copy of impugned order is dispensed with for
the time being. The applicants/petitioners shall file the same within two
weeks.
CM disposed of.
CM (M) No. 24/2025.
Issue notice in the main petition as well as in the interim application to the
respondents returnable by next date of hearing subject to the taking of
necessary steps by the petitioner within a week’s time for filing the
reply/objections.
Heard learned counsel for the applicant/petitioner in respect of his prayer
for grant of interim relief who inter alia submitted that the subject shop stands
locked pursuant to the impugned order dated 03.01.2025 passed by the
learned Sub-Judge, Shopian on an implementation application filed by the
respondents. It is further submitted that the petitioner had already assailed the
orders dated 18.12.2023 and 12.07.2024 before this Court and the said
petitions are pending disposal, as such the propriety demanded that Order
dated 03.01.2025 should not have been passed. Learned counsel for the
petitioner also invited the attention of this Court towards the order dated
06.11.2024 passed by the learned Sub-Judge, Shopian in the application of the
petitioner filed under Section 151 of the CPC, whereby the status-quo was
ordered to be maintained in respect of the suit shop.
Perused the application which is supported by a duly attested affidavit.
Also perused the main petition and the copies of the documents enclosed with
the same as annexures thereto.
Be listed on 24.02.2025.
In the meantime subject to any vacation or modification upon the
consideration of the objections/arguments and till next date of effective
hearing before the Bench, the present position of the subject shop being
locked vide impugned order dated 03.01.2025 is ordered to be maintained.
(Mohammad Yousuf Wani)
Judge
SRINAGAR
16.01.2025.
Showkat khan
Showkat Hassan Khan
I attest to the accuracy and
authenticity of this document
17.01.2025 12:06