Jammu & Kashmir High Court
Paramjit Singh vs Raj Kumar on 1 August, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Sr. No. 13
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case No.:- CCP(S) No. 303/2023 in MA No. 30/2023
Paramjit Singh, age 68 years
S/o Late S. Partap Singh
R/o Ward No. 2, Simbal Camp
R.S. Pura, Jammu
A/P House No. 4-A, Lane No. 06, Greater Kailash Jammu.
.....Petitioner(s)
Through: Mr. Supreet Singh Johal, Advocate.
Vs
Raj Kumar
S/o Behari lal
R/o Gandoli, Slehar Bishnah
Jammu.
..... Respondent(s)
Through: Mr. R.S. Kotwal, Advocate.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
01.08.2025
1. Miscellaneous Appeal-MA No. 12/2023 was preferred by Raj
Kumar and Roshan Lal against Paramjit Singh. Paramjit
Singh is the petitioner in this contempt petition whereas the
Raj Kumar is the respondent herein.
2. Miscellaneous Appeal-MA No. 30/2023 was preferred by the
petitioner herein against the respondent herein.
2 CCP(S) No. 303/2023
3. The aforesaid two appeals came to be disposed of by this
Court in terms of an order dated 06.10.2023 in the following
manner:
(i) The impugned order passed by 1st Additional District Judge,
Jammu is upheld whereas the impugned order passed by the
Additional District Judge, Jammu is set aside. The parties
shall abide by the directions dated 24.05.2023 passed by
learned 1st Additional District Judge, Jammu in the application
under Order 39 Rules 1 and 2 CPC till the disposal of both the
suits.
(ii) Both the suits shall be consolidated and tried together by the
Court of 1st Additional District Judge, Jammu, consequently,
the learned Additional District Judge, Jammu shall transmit
the record of the case to the court of 1st Additional District
Judge, Jammu who shall proceed further in the main suits
filed by the parties in accordance with law.
4. Both the parties came to be directed to abide by the
injunctory interim directions as given in an order dated
24.05.2023 passed by the learned 1st Additional District
Judge, Jammu and also directed consolidation of the two
suits to be tried together by the court of learned 1 st
Additional District Judge, Jammu.
5. The petitioner came forward with the institution of the
present contempt petition on 13.10.2023 submitting that
3 CCP(S) No. 303/2023
the respondent is bent upon mischief on one pretext or the
other which even includes filing of litigation in one form of
the other so as to frustrate the directions passed by the
court of learned 1st Additional District Judge, Jammu in the
civil suit obtaining between the two.
6. In this regard, Mr. Supreet Singh, learned counsel for the
petitioner, has come forward with the list of later filed cases
which are detailed as under:
(i) Paramjit Singh Vs. Raj Kumar and anr, pending before the
court of learned 1st Additional District Judge, Jammu being
CNR No. JKJM020032792023.
(ii) Raj Kumar Vs. Paramjit Singh & ors pending before the court
of learned City Judge, Jammu being CNR No.
JKJM020075592023.
(iii) Raj Kumar Vs. Paramjit Singh pending before the court of
learned 1st Additional District Judge, Jammu being CNR No.
JKJM020034832023.
(iv) Raj Kumar Vs. Paramjit Singh pending before the court of
learned 2nd Additional District Judge, Jammu being CNR No.
JKJM020082362023.
(v) Harcharan Dass and anr Vs. Paramjit Singh pending before the
court of learned 2nd Additional District Judge, Jammu being
CNR No. JKJM020085192023.
7. In order to avoid any conflict and confusion of outcome of
the aforesaid litigations, this Court, in exercise of powers
under Article 227 of the Constitution of India, directs
transfer of the aforesaid suits on files figuring at Sr. Nos.
4 CCP(S) No. 303/2023
(ii), (iv) and (v) from the court of learned 2nd Additional
District Judge, Jammu and City Judge, Jammu to the court
of learned 1st Additional District Judge, Jammu. The court
of learned 2nd Additional District Judge, Jammu and City
Judge, Jammu are directed to do the needful by directing to
transfer of the said three files to the court of learned 1st
Additional District Judge, Jammu.
8. The petitioner shall be well within his right to pursue the
cause of action relatable to the present contempt petition by
appropriate proceedings taken before the trial court of
learned 1st Additional District Judge, Jammu by reference to
whose order, the alleged non-compliance on the part of the
respondent has been set up for filing of the present
contempt petition.
9. It is further directed that in case any new suit gets filed by
and between the parties hereto, the same also be referred to
the court of learned 1st Additional District Judge, Jammu by
the court of learned Principal District Judge, Jammu.
10. Time spent in the pendency of this contempt petition shall
not come in the way of the petitioner in the event of filing
proceedings under Order 39 Rule 3-A of the Code of Civil
Procedure, 1908 before the Court below.
11. Disposed of accordingly.
5 CCP(S) No. 303/2023
12. A copy of this order be forwarded by the learned Registrar
Judicial, Jammu to the learned Principal District Judge,
Jammu, 2nd Additional District Judge, Jammu and City
Judge, Jammu for notice and compliance at their respective
end.
(RAHUL BHARTI)
JUDGE
JAMMU
01.08.2025
Naresh/Secy.
Naresh Kumar
2025.08.02 14:46
I attest to the accuracy and
integrity of this document