Om Parkash vs Swaran Singh And Others
2023 Latest Caselaw 1027 j&K

                                                                         Sr. No. 82



        HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                         AT JAMMU

                                                  CM(M) No. 87/2023
                                                  CM No. 2989/2023
                                                  CAV No. 669/2023

Om Parkash                                              ....Petitioner/Appellant(s)

                  Through :- Mr. Karam Vir Bhushan, Advocate


            V/s

Swaran Singh and others                                          ....Respondent(s)

                  Through :-   Mr. Ashish Singh Kotwal, Advocate

Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

                                     ORDER

After arguing for a while, learned counsel for the petitioner seeks

withdrawal of the present petition with liberty to approach to the Court of

learned Munsiff, Billawar(for short the 'trial court'), where case bearing file

No. 39/Civil Suit is pending adjudication.

In view of the submissions made, the instant petition is dismissed as

withdrawn along with connected CM(s) with a liberty as prayed for.

It is made clear that the trial Court will adjudicate upon the matter strictly

in accordance with law without being influenced by the observations made by

the Appellate Court i.e., learned Principal District Judge, Kathua in his judgment

dated 13.04.2023 in case No. 11/2022, titled Om Parkash vs. Swaran Singh

and others.

Parties are directed to appear before the Court of learned Munsiff,

Billawar on 30.05.2023.

(Wasim Sadiq Nargal) Judge Jammu:

19.05.2023 Meenakshi