01 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 175/2025 Hajira ….. Petitioner (s) Through: Mr. Faisal Javid, Adv. V/s Khursheed Ahmad Baba and Ors. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 05.05.2025 1. The petitioner through the medium of this petition is seeking a direction upon the learned 3rd Additional Munsiff, Srinagar for speedy disposal of her suit filed against the respondents/defendants seeking partition of joint family property. A further direction has been sought upon the learned trial court that the interim applications filed by the plaintiffs be decided at an earliest. 2. I have heard learned counsel for the petitioner and perused the material on record. P a g e | 2 CM(M) No. 175/2025 3. A perusal of the record shows that the plaintiffs have filed a suit for partition with permanent injunction before the learned trial court somewhere in March 2024. Barely one year has passed since then and the petitioner has approached this Court seeking speedy disposal of her suit. A Civil Suit has to be decided as per the procedure prescribed in Code of Civil Procedure. Without adhering to the said procedure, a litigant cannot expect a Civil Court to decide the suit. Having regard to the fact the barely one year has lapsed since the filing of the suit, this Court is of the opinion that there has not been any undue delay on the part of the trial court in deciding the suit. 4. Coming to the aspect of disposal of interim applications, the learned Trial Court has, already protected the interests of the petitioner by passing interim exparte order dated 26.03.2024 thereby restraining defendants from alienating the suit property which as per the observation of the learned trial court, is in possession of the defendants. P a g e | 3 CM(M) No. 175/2025 5. In these circumstances, the contention that the learned trial Court is proceeding with the trial at a snails pace and the interest of the petitioner has not been protected, is without any substance. 6. For the foregoing reasons I do not find any merit in this petition. The same is, accordingly dismissed. However, the learned trial Court is expected to dispose of the interim applications filed by the petitioner/plaintiff as well as the suit with reasonable dispatch, within the timelines laid down in the Code of Civil Procedure. (Sanjay Dhar) Judge SRINAGAR 05.05.2025 Aasif