Serial No. 56 Reg Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 107/2023 CM(3170/2023). NAZIR AHMAD WANI. …Appellant/Petitioner (s) Through: None. VERSUS MOHAMMAD RAFIQ NAIK AND OTHERS. Through: None. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 29-12-2025 None has appeared for the petitioner. On the last date of hearing also, none had appeared on behalf of the petitioner. It seems that the petitioner has lost interest in prosecuting the present petition. Even otherwise the instant petition is not maintainable for the reason that the order impugned dated 16-07-2022, passed by learned trial court in exercise of his powers under Order 39 Rules 1 and 2 CPC is appealable in nature. Besides this, the said order being ex-parte in nature is amenable to modification upon filing of written statement by the petitioner/defendant. Thus, there is an alternative and efficacious remedy to the petitioner. The present petition, as such, is not maintainable. The petition is, accordingly, dismissed. Interim direction, if any, shall stand vacated. (Sanjay Dhar) Judge SRINAGAR 29-12-2025 Sarvar