[Cites 3, Cited by 0]
Jammu & Kashmir High Court - Srinagar Bench
Mohammad Ramzan Bhat vs Nazir Ahmad Bhat And Ors on 13 February, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No.05
REGULAR CAUSE LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) 239/2023
c/w CM(M) 206/2023
Mohammad Ramzan Bhat ...Petitioner(s)
Through: None
Vs.
Nazir Ahmad Bhat and Ors. ...Respondent(s)
Through: Mr. Sheikh Manzoor, Advocate
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
13.02.2026
1. The petitioner-Mohammad Ramzan Bhat is a
plaintiff in a civil suit preferred and pending before the
Court of Sub Judge (Special Mobile Magistrate),
Budgam.
2. In his said civil suit, the petitioner came to name
seven defendants led by the Municipal Council,
Budgam.
3. In the array of defendants, defendants No. 3 to 7
are the private persons who are the respondents No. 1
to 5 in the present petition.
4. Along with the suit, the petitioner preferred an
application under Order 39 Rule 1 and 2 of the Code
of Civil Procedure, 1908 seeking temporary injunction.
5. The Court of Sub Judge (Special Mobile
Magistrate), Budgam, by virtue of order dated
06.09.2023, came to hold that the petitioner has made
out a prima facie case in his favour with balance of
convenience also tilted in granting the temporary
injunction so as to prevent irreparable injury getting
caused to the petitioner's cause in the suit.
6. From the end of the defendants No. 3 to 7, there
came to be a counter claim which was also
accompanied with an application for grant of
temporary injunction in their favour against the
petitioner.
7. The temporary injunction application of the
private defendants No. 3 to 7 was held to be lacking
prima facie case.
8. Thus, by virtue of order dated 06.09.2023, the
trial court of Sub Judge (Special Mobile Magistrate),
Budgam came to be restrain the defendants from
causing any kind of obstruction in raising of
construction of residential house by the petitioner,
who was allowed to complete the process of
construction with an undertaking before the Court
that rain/snow water and the sewerage will not drain
into the compounds of the private defendants and the
height of the proposed double storied house not to
exceed 28 feet in view of the condition No. 2 laid down
in the building permission.
9. The petitioner was also put to some further
conditions in the order dated 06.09.2023, the purport
of which was to facilitate the petitioner to carry out the
building permission related construction.
10. Against said order dated 06.09.2023 of the Court
of Sub Judge (Special Mobile Magistrate), Budgam, a
civil miscellaneous appeal under Order 43 Rule 1(r) of
the Code of Civil Procedure, 1908 came to be preferred
by the private defendants No. 3 to 7 before the Court
of learned Additional District Judge (Fast Track
Court), Budgam.
11. In the said appeal, the learned Court of
Additional District Judge (Fast Track Court), Budgam
came to direct notice which was accepted on behalf of
the petitioner being on caveat.
12. The appeal was admitted to hearing, while
sending for the records of the trial court and in the
meantime operation of order dated 06.09.20223 was
put to stay with a direction for the parties to the suit
to maintain status quo on spot.
13. It is at this stage of indulgence on the part of the
appellate court of learned Additional District Judge
(Fast Track Court), Budgam that the petitioner came
rushing to this Court with a petition under Article 227
of the Constitution of India for supervisory jurisdiction
with respect to the legality and validity of the interim
order dated 14.09.2023 of the Court of learned
Additional District Judge (Fast Track Court), Budgam.
14. This Court, by virtue of order dated 22.09.2023,
came to order stay of operation of order dated
14.09.2023 of the Court of learned Additional District
Judge (Fast Track Court), Budgam and
simultaneously directing the situation to be governed
in terms of order dated 06.09.2023 passed by this
Court in CM(M) No. 206/2023 which also stood
preferred by the petitioner-Mohammad Ramzan Bhat
against an order dated 12.08.2023 of the learned
Additional District Judge (Fast Track Court), Budgam
in an appeal against order dated 17.07.2023 passed
by the Court of Sub Judge (Special Mobile Magistrate),
Budgam.
15. Thus, the Court of learned Additional District
Judge (Fast Track Court), Budgam, was seized of two
civil miscellaneous appeals on File No. 133/CMA
instituted on 27.07.2023 in case titled "Nazir Ahmad
Bhat and Ors. Vs. Mohammad Ramzan Bhat and Ors."
and CNR No. JKBG020014432023 instituted on
11.09.2023 in case titled "Nazir Ahmad Bhat and Ors.
Vs. Mohammad Rramzan Bhat and Ors."
16. Given the fact that this Court came intervening
in the matter with respect to the pending civil
miscellaneous appeals, as such, this Court is not
supposed to enter into any merit related and based
evaluation with respect to the orders which are to be
considered in appeal by the Court of learned
Additional District Judge (Fast Track Court), Budgam
in exercise of its appellate jurisdiction invoked by the
private defendants against the appealable orders
passed by the Court of Sub Judge (Special Mobile
Magistrate), Budgam.
17. Therefore, this Court disposes of these two
petitions with a direction to the Court of learned
Additional District Judge (Fast Track Court), Budgam
to carry forward with the adjudication of the pending
civil miscellaneous appeals and dispose of the same by
or before 31st March, 2026.
18. The parties are directed to appear before the
Court of learned Additional District Judge (Fast Track
Court), Budgam on 23.02.2026.
19. The interim directions as given in the order dated
22.09.2023 in CM(M) No. 239/2023 and in terms of
order dated 06.09.2023 in CM(M) No. 206/2023 shall
remain operative till final adjudication of the appeals
by the Court of learned Additional District Judge (Fast
Track Court), Budgam.
20. This Court makes it clear that observations of
this Court operating in terms of order dated
22.09.2023 in CM(M) No. 239/2023 and order dated
06.09.2023 in CM(M) No. 206/2023 shall not be of
any influence upon the Court of learned Additional
District Judge (Fast Track Court), Budgam, which
shall be free to invest its own judicial mind and carry
out merit based adjudication of the pending two
appeals.
21. Registrar Judicial, Srinagar is directed to forward
a copy of this order to the Court of learned Additional
District Judge (Fast Track Court), Budgam.
22. Disposed of.
(RAHUL BHARTI)
JUDGE
SRINAGAR:
13.02.2026
"Mir Arif"
