Indus Towers Ltd vs Abdul Rehman Bhat
2025 Latest Caselaw 2404 J&K

Jammu & Kashmir High Court

Indus Towers Ltd vs Abdul Rehman Bhat on 17 October, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                      Sr. No. 163



        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU

MA No. 65/2025
CM No. 6693/2025
Cav No. 2242/2025

Indus Towers Ltd.                                               .....Appellants

                       Through:    Mr. Ayushman Kotwal, Advocate .

                  Vs

Abdul Rehman Bhat
                                                             ..... Respondents

                       Through: Mr. M.A Bhat, Advocate

CORAM:        HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
                             ORDER

17.10.2025

1. The appellant, through the medium of present appeal has

challenged order dated 20.09.2025 passed by learned Principal

District Judge, Jammu whereby inter-alia application of

appellant/defendant No. 2 for setting aside ex-parte judgment and

decree dated 19.10.2016 has been dismissed.

2. Issue notice to the respondent. Mr. M.A Bhat, Advocate

who is on caveat, accepts notice on behalf of the

respondent/plaintiff. With the appearance of Mr. M.A Bhat,

Advocate, the caveat stands discharged.

3. It has been contended by learned counsel for

appellant/defendant No. 2 that the learned trial Court, despite

noticing the fact that the appellant was not served at the address

given in the plaint in the first instance, has proceeded to presume

service of summons upon him on the second occasion, that were

sent to it on the same address through registered post merely on the

basis that the registered cover was not received back

served/unserved. It has been submitted that once it was found that

the defendant was not actually residing at the given address, the

presumption of service could not have been drawn by the learned

trial Court.

4. Having heard learned counsel for the parties and perused

the material on record, it appears that there is a prima-facie case for

grant of interim indulgence in favour of the appellant.

5. Accordingly, it is directed that till next date of hearing

and subject to objections from the respondent/plaintiff to the

application for grant of stay, the judgment/decree dated 19.10.2016

passed by learned District Judge, Jammu to the extent of the

appellant shall remain stayed.

6. Record of the Court below be summoned.

7. List on 16.12.2025.

(SANJAY DHAR) JUDGE JAMMU 17.10.2025 Tarun/PS