Jammu & Kashmir High Court - Srinagar Bench
Cm(M) No. 253/2023 vs Mohammad Saleem Rather on 4 October, 2023
Item No. 162
Supp. List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) No. 253/2023.
Ghulam Mohi-ud-din Naikoo & Ors.
...Petitioner(s)
Through: Mr. Rizwan-ul-Zaman Bhat, Advocate.
Vs
Mohammad Saleem Rather.
... Respondent(s)
Through:
CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
JUDGMENT
04.10.2023
1. In the instant petition, petitioners are seeking a direction upon the
learned Sub-Judge/ Chief Judiial Magistrate, Anantnag (Trial Judge) to
decide their application filed under Order 1 Rule 10(2) CPC for
deleting them from the array of defendants in the suit titled as
Mohammad Saleem Rather v. Gh. Mohi-ud-din Naikoo and others
expeditiously.
2. The brief facts are summarized as under:
It is stated that the one Zahid Rasool Naikoo S/O Gh. Rasool
Naikoo R/O Nipora Anantnag Tehsil and District, Anantnag,
Kashmir is the partner of a stone cruser being run under the name
and style of M/s Mehak Stone Crusher situated at Sadoora
Pethbugh enar Sadoora bridge, Anantnag in the ratio of
60%:40%. The respondent and the said Zahid Rasool are
contesting a case before the Court of Pr. District and Sessions
Judge, Anantnag regarding the recovery of an amount of Rs.
25,26,500.00 filed by the respondent against the said Zahid
Rasool naikoo. The said suit is at the stage of arguments and on
the application seeking leave to defend the suit. The respondent
has filed a suit before the court of learned Trial Judge and has
wrongly arrayed the petitioners as party defendants in the suit.
The petitioners are neither necessary nor proper party in the suit.
3. It is stated that on 21.06.2023, respondents had obtained an order
of restraint in the said suit whereby the petitioners have been
restrained jointly and severally from causing any sort of
interference with the partnership concern operating under the
name and style of M/S Mehak Stone Crusher Pethbugh Sadoora,
Anantnag, Kashmir. In the said suit SHO Police Station
concerned has been directed to ensure the implementation of
order dated 21.06.2023. It is stated that the respondent has
obtained one more order on 01.08.2023, in the above said suit
whereby the Dy.S.P, Anantnag has been directed to ensure the
implementation of order dated 21.06.2023.
4. It is stated that the petitioners have not violated any interim order
passed by the learned Trial Judge but the police concerned have
been calling the petitioner of and on to police station. The
petitioners have no concern with the partnership concern of the
respondent and Zahid Rasool Naikoo. The petitioners 1 & 3 are
paternal uncles of Zahid Rasool naikoo who have separated from
the joint family twenty years ago. The petitioner No. 1 is working
as contractual lecturer in Government Degree College Boys
Anantnag whose educational qualification is Ph.D and is very
often receiving calls from unknown numbers directing him to
attend the police Station/Police post which is carrying adverse
effect upon the career of the petitioner No. 1. The petitioner No.
2 is a contractor and is earning his livelihood by putting hard
labour is also being harassed by the police on one pretext or the
other.
4. It is further stated that petitioners have moved an application before the
court below on 19.08.2023, under Order 1 Rule 10(2) CPC for their
deletion from the array of defendants in the suit, however, the court
below has not decided the application as on date.
5. Learned counsel for the petitioners submits that petitioners would feel
satisfied, if this petition is disposed of with a direction to the learned
Trial Judge to decide the application of the petitioner filed under Order
1 Rule 10 (2) CPC expeditiously
8. Be that as it may, the instant petition is disposed of at the threshold
with a request to the Sub-Judge/ Chief Judiial Magistrate, Anantnag to
decide the application of the petitioners dated 19.08.2023 filed under
Order 1 Rule 10 (2) CPC for their deletion from the array of
respondents in the suit tiled Mohammad Saleem Rather v. Ghulam
Mohi-ud-din Naikoo & Ors. within a period of two months from the
date certified copy of this order is served upon the learned Sub-Judge/
Chief Judiial Magistrate, Anantnag, in accordance with law.
9. Disposed of.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR
4th October , 2023.
Ab. Rashid
Whether the order is reportable Yes/No.
