Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CM(M) No. 80/2022 CM No. 4211/2022
Gurdev Singh
…..Appellant(s)/Petitioner(s)
Through: Mrs. Surinder Kour, Sr. Advocate with Mr. Akash Choudhary, Advocate
vs
Ranjeet Singh .…. Respondent(s)
Through: None
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER 20.07.2026
1. The petitioner is aggrieved of the order dated 04.06.2022, whereby right of the petitioner to lead the evidence was closed and the petitioner was directed to remain present for cross-examination.
2. Mrs. Surinder Kour, learned Senior counsel for the petitioner submits that the petitioner had already deposited the diet expenses of three witnesses i.e. Satbir Singh, Amarjeet Singh and Patwari Halqua, Deeli, Kunjwani Jammu but the court of learned 3rd Additional Munsiff, Jammu (For short ‘the trial court’) did not summon these witnesses. She submits that the petitioner will not press for leading more evidence except to the extent of recording the statement of Patwari Halqua, Kunjwani whose diet expenses stand already deposited on
25.01.2003.
3. The respondent was served through publication but he has opted to remain absent. Accordingly, he is set ex-parte. Serial No. 30
2 CM(M) No. 80/2022
4. Vide order dated 20.07.2022 passed in this petition, the proceedings in the suit titled ‘Gurdev Singh vs. Ranjeet Singh’ were stayed. Already four years have lapsed and as such, no fruitful purpose shall be served by retaining the present petition on board. Taking into consideration the submission made by the learned Senior counsel for the petitioner, the order dated 04.06.2022 is modified to the extent that the learned trial court shall summon the Patwari Halqa along with record whose died expenses have already been deposited and in the event more diet expenses are required to be deposited, the petitioner shall pay the same in the court only. The learned trial court shall not grant un-necessary adjournments to either of the parties and shall ensure that the civil suit is decided as expeditiously as possible since the proceedings before the trial court are pending for more than two decades perhaps because of the applications filed by the respondent.
5.
Disposed of.
6.
(RAJNESH OSWAL)
JUDGE
Jammu 20.07.2026 Neha-II
NEHA KUMARI 2026.07.20 16:44 I attest to the accuracy and integrity of this document