Wali Mohammad Dar vs Mohammad Ayoub Ganai And Ors
2024 Latest Caselaw 1230 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Wali Mohammad Dar vs Mohammad Ayoub Ganai And Ors on 14 August, 2024

                                                                Serial No. 152
                                                           Supplementary-1 Cause List

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR


                           CM (M) No. 297/2024
                            CM No. 4915/2024
                            CM No. 4923/2024



Wali Mohammad Dar
                                                             ... Petitioner(s)
                              Through: -
                   Mr Areeb Javed Kawoosa, Advocate.
                                     V/s
Mohammad Ayoub Ganai and Ors.
                                                           ... Respondent(s)

HON'BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.

(ORDER) 14.08.2024 The Petitioner, through the medium of the present Petition filed under Article 227 of the Constitution of India, seeks quashing of Order/ Judgment dated 26th of June, 2024 passed by the Court of learned Sub Judge (Special Mobile Magistrate), Pulwama in a Suit titled 'Wali Mohammad Dar v. Mohammad Ayoub Ganai & Ors.', whereby the Suit filed by the Plaintiff/ Petitioner for permanent, prohibitory and mandatory injunction was dismissed by the learned Court below, holding that the Plaintiff/ Petitioner herein was simply a trespasser in the Suit property and, therefore, he had no right to file the Suit as he had no cause of action against any of the Defendants/ Respondents herein.

Confronted with the query as to how this Petition is maintainable in view of the availability of efficacious, alternate and appellate remedy of filing an appeal before the Appellate Court, the learned Counsel for the Petitioner, after arguing for a while, seeks withdrawal of the Petition with liberty to the Petitioner to work out his remedy as may be available to him under law. The statement of the learned Counsel is taken on record.

In view of the aforesaid statement made by the learned Counsel for the Petitioner, this Petition shall stand dismissed as withdrawn, along with the connected CMs. The Petitioner, however, shall be at liberty to avail appropriate remedy as may be available to him under law with respect to the impugned Order/ Judgment dated 26 th of June, 2024 passed by the Court below.

(M. A. CHOWDHARY) JUDGE SRINAGAR August 14th, 2024 "TAHIR"