FARHAT BEGUM AND ANR. v. MOHAMMAD LATEEF WAR AND ORS.
CM(M)/580/2025 · 2025-12-30
Sanjay Dhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10465 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10465 (JK) · dailylaw.ai ]
Judgment text
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Sr. No.03 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR (Through virtual mode)
Case:-CM(M) No. 580/2025
Farhat Begum and anr. …Petitioner(s)/Appellant(s) Through: Mr. Arif Sikandar, Advocate
V/s
Mohammad Lateef war and ors. …. Respondent(s) Through:
CORAM: HON’BLE MR. JUSTICESANJAY DHAR, JUDGE
ORDER 30.12.2025
The petitionershave alternative remedy of filing an application under Order 7 Rule 11 CPC before the Learned Trial Court and seek rejection of the plaint or they may file written statement and get the suit decided on the basis of the preliminary issue.Besides this, theimpugned order dated 04.04.2025, being an
order passed in terms of Order 39 Rule1 & 2 CPC, is appealable in nature, thus for assailing the said order, the petitioners have alternative and efficacious remedy available to them. In view of the alternative remedy available to the petitioners, learned counsel for the petitioners seeks permission of this Court to withdraw this petition with liberty to approach the learned Trial Court by way of appropriate application underOrder 7 Rule 11 CPC seeking rejection of the plaint.The petition is, accordingly, dismissed as withdrawn leaving it open to the petitioners to avail the alternative remedy. If and when such an appropriate application is made by the petitioners before the Trial Court, the same shall be dealt with by the said Court most expeditiously, preferably, within a period of two months from the date such application is filed by the petitioners.
(SANJAY DHAR)
JUDGE Jammu 30.12.2025 Raj Kumar Raj Kumar 2025.12.31 17:22 I attest to the accuracy and integrity of this document