S. No. 19 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 317/2025 Mubeena Parveen and Ors …Appellant/Petitioner(s) Through: Mr. Mohammad Iqban Jan, Advocate Vs. Mohammad Iqbal Bhat and Anr. ...Respondent(s) Through: Mr. Ruaani Ahmad Baba, Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 02.12.2025 1. The respondents/plaintiffs instituted a suit before the Trial Court seeking a decree of Permanent Prohibitory Injunction against defendant/petitioner. The defendants filed their written statements, but thereafter choose to remain absent from the proceedings. 2. On account of their absence, the Trial Court initiated ex-parte proceedings against the defendants on 08.06.2023. After initiation of the ex-parte proceedings, the plaintiffs led their evidence by filing affidavits in ex-parte on 02.05.2024. The evidence was recorded and closed. 3. Nearly one year after the commencement of ex-parte proceedings and after the closure of the plaintiff’s evidence, the defendants moved an application for setting aside the ex parte proceedings. The said application came to be dismissed by the Trial Court vide Order dated 30.11.2024. 4. The present petition has been filed for seeking setting aside ex parte proceeding. Had the defendants been interested in contesting the suit, they ought to have sought setting aside of the ex parte proceedings at the earliest opportunity, instead, they waited till closure of evidence. 5. It further emerges from the record that the petitioners tried to delay the proceedings by filing an application under Order VII Rule 11 CPC, and thereafter a revision petition before this Court, both of which came to be dismissed. Having failed in those proceedings, they have now invoked the jurisdiction of this Court under Article 227 of the Constitution of India. 6. Learned counsel for the petitioners submits that the petitioners are interested in prosecuting the suit, but their conduct demonstrates that the delay in proceedings is attributable solely to them. 7. The written statements is already on record. Though the petitioners are not entitled to indulgence on account of their conduct, in order to afford them one fair chance to contest the suit, this Court is inclined to set-aside the ex parte proceedings, subject to appropriate terms. 8. Accordingly, the ex parte proceedings are set-aside, subject to payment of costs of Rs.15,000/- to be paid to the other side within a period of one month from today. 9. In the event, petitioners fail to pay the aforesaid costs within the prescribed period, it shall be deemed that the present petition had been dismissed. 10. In view of the aforesaid, this petition stands disposed of. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 02.12.2025 Shabroz