Jammu & Kashmir High Court
Mohd. Ayoub vs Sameena Begum on 5 May, 2025
Sr. No. 09
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: CM No.2361/2025 in
RFA No.11/2025
Mohd. Ayoub ..... Appellant(s)
Through :- Mr. Ajaz Chowdhary, Advocate
Vs
Sameena Begum .....Respondent(s)
Through :- None.
CORAM:
HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER
05.05.2025 Registry has not reported regarding the status of the registered service upon the respondent in connection whereof it is submitted by the learned counsel for the appellant that he has taken the steps already. Issuance of Dasti notice was also permitted in the matter and the learned counsel for the appellant has referred to the copy of the Dasti notice issued by the Registry and the report of the process server. It is not clear from the Dasti summons issued by the Registry as to whom the same was forwarded for service. The report purported to have been made by any process server cannot be accepted.
The learned Registrar Judicial of this Court is directed to look into the matter and ensure that such practices are not repeated.
At this stage, it is submitted by the learned counsel for the appellant that he may be permitted to withdraw from the instant appeal with liberty to file an application for setting aside the ex-parte impugned judgment before the Court 2 RFA No.11/2025 concerned. The statement of the learned counsel for the appellant is taken on record.
The instant appeal is, accordingly, dismissed as withdrawn along with connected application, with liberty to file the desired application in accordance with law.
In the event, the proposed application for setting aside the ex-parte impugned judgment is filed, same shall be dealt with under law.
(MOHD. YOUSUF WANI) JUDGE JAMMU 05.05.2025 Shammi SHAMMI KUMAR 2025.05.06 11:58 I attest to the accuracy and integrity of this document