HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CM(M) No. 69/2023 Shiban Krishen Koul & Anr. …..Appellant(s)/Petitioner(s) Through: Mr. Inder Jeet Gupta, Advocate vs Vijay Koul & Anr. .…. Respondent(s) Through: Mr. Koushal Parihar, Advocate Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 13.07.2026 1. With the consent of learned counsel for the parties, the matter is taken for final hearing. 2. The defendants/petitioners herein have impugned the order dated 11.04.2023 whereby, the respondents were allowed to withdraw the suit with liberty to file fresh, on the ground that the learned Sub-Judge/Special Railway Magistrate, Jammu [for short ‘trial court’] while passing the order dated 11.04.2023, has observed that even the service of the defendants i.e., petitioners herein has not been effected. 3. Mr. Inder Jeet Gupta, learned counsel for the petitioners submits that the defendants/petitioners herein were served and even he had caused appearance before the learned trial Court on 05.04.2023. 4. Mr. Koushal Parihar, learned counsel for the respondents has admitted that without issuing notice to the defendants/petitioners herein, the learned trial Court has allowed the withdrawal of the suit with liberty to file fresh after pre-poning Serial No. 84 2 CM(M) No. 69/2023 the date of hearing in the said suit pursuant to application preferred by the respondents. 5. Heard learned counsel for the parties and perused the record. 6. Had there been an unconditional withdrawal of the suit, this Court would not have shown any indulgence but as the petitioners had already caused their appearance through their counsel on 05.04.2023, before the learned trial Court, the learned trial Court ought to have issued notice to the defendants/petitioners herein while allowing the application preferred by the plaintiffs/respondents herein for withdrawal of the suit with liberty to file fresh. Having not done so, the order impugned cannot sustain. 7. In view of the above, the order dated 11.04.2023 is set aside and the learned trial court is directed to decide the application afresh in accordance with law. Needless to say that this court has not examined the merits of the application preferred by the petitioners. 8. The parties shall appear before the learned trial Court on 01.08.2026. 9. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 13.07.2026 AKHILESH