Sr. No.6 Regular List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM No. (6151/2025) In FAO No. 16/2025 Tasleema Banoo And Ors. …Petitioner(s)/Appellant(s) Through: Mr. Zahid Khan, Advocate. Vs Firdous Ahmad Dar. …Respondent(s) Through: Ms. Insha Rashid, Advocate. CORAM: HON’BLE MR JUSTICE RAHUL BHARTI, JUDGE O R D E R 22.09.2025 1. This petition is disposed of at this very stage by setting aside the order dated 12th September, 2024 continuing operation and presence of which is nothing but an illegality staring in the face of this court for the reason being that the Presiding Officer of time as Civil Judge, Senior Division (Chief Judicial Magistrate), Shopian under the pretext of having the routine charge of District Judge, Shopian because of non-joining of the new Presiding Officer to the court of Principal District Judge, Shopian, came to pass a judicial order dated 12th September, 2024 as if District Judge, Shopian against which the petitioners, who are defendants in the civil suit, came rushing to this court invoking Order 43 rule 1 (r) of the Code of Civil Procedure, 1908. 2. This court, in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India, sets aside the order dated 12th September, 2024 with the directions to the Principal District Judge, Shopian to consider application of the respondent filed in the civil suit under the Order 39 Rule 1 and 2 CPC and pass fresh order. 3. It is made clear that the order dated 12th September, 2024 is non-est in the eyes of law and would in no manner be referred to by the court of Principal District Judge, Shopian in the matter of adjudication of Order 39 rule 1 and 2 application of the respondent. 4. In case, the petitioners/defendants have submitted written statement in the civil suit along with objections to the temporary injunction application, then the application be heard and disposed of by or before 31st October, 2025. In case the written statement by the respondents has already been filed along with objections to the temporary injunction application, then the same be heard and disposed of by or before 15th October, 2025. Time is of essence and is non-negotiable. Default in disposing of the requisite application within time given shall be viewed seriously by this court. 5. Copy of this order be sent to Principal District Judge, Shopian for notice and compliance. 6. In the meantime, the explanation submitted by the Judicial Officer in reference in response to order dated 28th May, 2025 passed by this Court by rejecting the same but sparing the erring judicial officer with caution to be judicially vigilant and not to indulge in repeat of any such like indiscretion. 7. Copy of this order be forwarded to the Principal District Judge, Shopian by the Registrar Judicial, Srinagar. (RAHUL BHARTI) JUDGE SRINAGAR 22.09.2025 “Shamim Dar”