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2018 DAILYLAW 1103 (JK)

J AND K DHARMARTH TRUST COUNCIL v. SAVVY FASHIONS PVT,LTD.AND ANR.

MA/245/2018 · 2026-02-26

Wasim Sadiq Nargal

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Judgment text

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Sr. No. 4 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU MA No. 245/2018 J & K Dharmarth Trust Council …. Petitioner/Appellant(s) Through:- Mr. Ashwani Thakur, Advocate V/s Savvy Fashions Pvt Ltd and Anr. …..Respondent(s) Through:- Mr. Gagan Basotra, Sr. Advocate with Ms. Navdeep Kour, Advocate CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 26.02.2026 1. It has been fairly submitted by learned counsel appearing for the parties that the present appeal has been preferred against the interim order dated 14.11.2018 passed by the learned 1st Additional District Judge, Jammu, whereby the application filed by the plaintiff seeking restoration of status quo ante as it was existing on 03.01.2006 was allowed and a direction has been issued to the appellant to restore possession within a period of one month. 2. It is further submitted that the suit, in which the aforesaid interim order came to be passed, stands dismissed in default vide order dated 24.02.2025. 3. In light of the aforesaid development, the present appeal, which arises out of an interim order, does not survive for consideration and has been rendered infructuous. __________ 4. Learned counsel for the appellant, in the aforesaid backdrop, seeks withdrawal of the present appeal on the ground that no cause of action survives now. 5. Accordingly, the appeal is dismissed as having been rendered infructuous in light of the above development, with liberty to the appellant to avail appropriate remedy, if so advised, in the event any fresh cause of action accrues, particularly in the event of revival of the suit. (Wasim Sadiq Nargal) Judge Jammu: 26.02.2026 Javid Iqbal