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Mohd. Ayoub vs Sameena Begum
2025 Latest Caselaw 57 J&K

Citation : 2025 Latest Caselaw 57 J&K
Judgement Date : 5 May, 2025

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

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The instant appeal is, accordingly, dismissed as withdrawn along with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

 
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