Mohammad Saleem Akther vs Afrooz Jan
2022 Latest Caselaw 783 j&K/2

                                                      S. No. 16
                                                      After Notice Matters
          HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                     AT SRINAGAR
                                                         CM(M) No. 228/.2021

Mohammad Saleem Akther                                          .....Petitioner(s)

                           Through:       Mr. Shafqat Nazir, Adv.
          V/s
Afrooz Jan                                            ..... Respondent(s)

                           Through:       Mr. S. A Naik, Adv.
CORAM:
                Hon'ble Mr. Justice Vinod Chatterji Koul, Judge.

                                      ORDER

31.05.2022 The petitioner has filed this petition under Article 227 against the judgment and decree passed by the trial court whereby suit of the plaintiff has been dismissed under Order XVII Rule 13 of the CPC as the plaintiff has failed to produce himself or his witness. The order and judgment passed by the trial court is appealable, therefore, the present proceedings under Article 227 of the Constitution of India would not lie. At this stage, learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to take recourse to remedy available under law. The petition is dismissed as withdrawn with liberty as prayed for.

(Vinod Chatterji Koul) Judge SRINAGAR 31.05.2022 "Aasif"