Jk Public School Humhama vs Mushtaq Hamd Kuchay And Ors on 3 March, 2025

Jammu & Kashmir High Court – Srinagar Bench

Jk Public School Humhama vs Mushtaq Hamd Kuchay And Ors on 3 March, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                               Serial No. 92
                                                               Supply; List.


   HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                  AT SRINAGAR
                            CR No. 05/2025 c/w
                             CR No. 09/2025.


     JK PUBLIC SCHOOL HUMHAMA
                                                           ...Petitioner (s)
           Through:    Mr. Hakeem Suhail Ishtiyaq, Advocate.

                                    VERSUS
     MUSHTAQ HAMD KUCHAY AND ORS.
                                                          ...Respondent(s)
           Through:    Mr. Jehangir Iqbal Ganie, Sr. Advocate with
                       Ms. Mehnaz Rather, Advocate.
                       Mr. Mian Tufail, Advocate.

CORAM:

      HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                               ORDER

03.03.2025

01. These two revision petitions converge to a situation whereby the

petitioner, as being contesting defendant in a civil suit filed by

respondent Nos. 1 to 3, felt aggrieved of an order dated 26.12.2024

passed by the Principal District Judge Budgam thereby issuing interim

injunctory directions in terms of Order 39 read with Section 151 Civil

Procedure Code, 1908 CPC based upon an order dated 10.10.2024

granting leave in favour of the plaintiffs to institute and maintain suit

under Section 92 of the Civil Procedure Code, CPC 1908.

02. Any indulgence by this court in respect of two revisions petitions

be it for dismissal or entertaining them for adjudication purposes on

merits would have a direct merit affecting bearing on the lis and that
may amount to non-suiting one of the parties to the suit which cannot

be the scope of a civil revision as presently obtains in terms of section

115 of the Code of Civil Procedure, 1908.

03. There are good number of legal options available at the end of the

petitioner within the four corners of the civil suit itself under the Code

of Civil Procedure, 1908 before the trial court as also before the

appellate court in the context of the orders sought to be impugned in the

two revision petitions and, therefore, this court allows the petitioner to

have withdrawal of these revision petitions with liberty to approach the

trial court in case of scope available for filing an application if the

petitioner reckons that order dated 10.10.2024 granting leave in favour

of the plaintiffs to maintain the suit under section 92 of the Code of

Civil Procedure, 1908 was granted only on the basis of the self serving

averments made from the ends of the plaintiffs and rather than in the

fullness of facts, then in the event of any such application being filed by

the petitioner, as defendant, against the leave to institute the suit, then

the trial court shall be well within its discretion to adjudicate the said

application on its merits without being influenced by the dismissal of

the these two revision petitions as withdrawn.

04. Application, if any, such filed by the petitioner before the trial

court to be adjudicated and disposed of within a period of (30) days

from the date of filing of the application.

05. A copy of this order be forwarded to the court of learned

Principal District Judge, Budgam for being taken on the record of the

file.

06. Disposed of.

(Rahul Bharti)
Judge
SRINAGAR
03.03.2025.

Showkat Khan

Showkat Hassan Khan
I attest to the accuracy and
authenticity of this document
06.03.2025 16:32