Iqbal Mubarik Khanyari vs Shahzada Hussain & Ors
2025 Latest Caselaw 1757 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Iqbal Mubarik Khanyari vs Shahzada Hussain & Ors on 9 October, 2025

Author: Sindhu Sharma

Bench: Sindhu Sharma

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR



                            LPA No. 241/2025 in
                             OWP No. 127/2001


                                                Reserved On: 6th of October, 2025
                                              Pronounced On: 9th of October, 2025


Iqbal Mubarik Khanyari
                                                               ... Appellant(s)
                                Through: -
                    Mr Aatir Javed Kawoosa, Advocate.
                                      V/s
Shahzada Hussain & Ors.
                                                            ... Respondent(s)

Through: -

Ms Ahra Syed, Advocate. CORAM:

Hon'ble Ms Justice Sindhu Sharma, Judge Hon'ble Mr Justice Shahzad Azeem, Judge (ORDER)

01. This matter was heard on 6th of October, 2025 and kept reserved

02. During the course of perusing the record of the file for purpose of dictating the Judgment, it transpired that one of the contentions raised by the learned Counsel for the Appellant was that the impleadment of the Respondent No.1 as a party Petitioner in Writ Petition OWP No.127/2001 has far reaching consequences over the Civil Suits pending disposal between the parties before the Trial Courts. In this regard, the learned Counsel for the Appellant has also made reference to some of the orders passed by the Trial Courts in the Suits pending between the parties.

LPA No. 241/2025 in

03. It appears that the parties have been entangled in multiplicity of litigation, including various Civil Suits are pending disposal between the parties.

04. On examining the case file, we find that the Appellant has not placed on record the complete record of the pleadings relating to the Civil Suits pending between the parties and has only placed on record the interim orders passed by the Trial Courts.

05. Therefore, we are of the opinion that the complete record of the Civil Suits pending before the Trial Courts is necessary for proper adjudication of the appeal on hand and also to find out how the impleadment of the Respondent No.1 has any bearing on the Civil Suits pending between the parties. In this view of the matter, the present case is released and the Counsel for the Appellant is directed to place on record all the relevant record of the pleadings relating to the Civil Suits pending between the parties before the Trial Court, reference whereof is made in the instant appeal.

06. Let the needful be done within a period of two weeks.

07. List again on 27th of October, 2025.

08. Meanwhile, till the next date of hearing before the Bench, the proceedings in OWP No. 127/2001 shall remain stayed.

                                             (Shahzad Azeem)                 (Sindhu Sharma)
                                                  Judge                           Judge
           SRINAGAR
           October 9th, 2025
           "TAHIR"