ZAHOOR AHMAD KHAN AND ORS v. UNION TERRITORY OF J AND K TH.CHIEF SECRETARY AND ORS
CM(M)/283/2025 · 2025-07-22
Sanjay Dhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12392 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12392 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 147 Suppl-4.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM 4497/2025 in CM(M) 283/2025 Cav 1642/2025.
ZAHOOR AHMAD KHAN AND ORS.
…Petitioner(s)
Through: Mr.Shabaz Sikandar, Advocate.
VERSUS
UNION TERRITORY OF J AND K TH. CHIEF SECRETARY AND ORS.
Through: Mr. Shahid Zameer, Advocate for caveators.
…Respondent(s)
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER 22.07.2025
01. The petitioner, through the medium of present petition, is challenging the ex-parte interim order dated 24.06.2025 passed by the learned Sub Judge, Chadoora. The impugned order has been passed by the learned trial court in exercise of its powers under Order 39 Rules 1 and 2 CPC. Even though the said order is an ex-parte interim order still then, the same is appealable in nature under Order 43 of the CPC.
02. It is a trite law that the High Court does not ordinarily exercise its supervisory jurisdiction under Article 227 of the Constitution when a litigant has alternative efficacious remedy available to him/her. In the present case, the petitioner has not only the remedy of approaching the trial court by filing his reply to the application, but he has also the remedy of filing an appeal against the impugned order before the District Judge,
Budgam. Without exhausting these remedies, the petitioner has rushed to this Court by filing the present petition.
03. The petition is held to be maintainable and is dismissed accordingly, leaving it open to the petitioner to avail the appropriate remedies.
(Sanjay Dhar)
Judge
SRINAGAR 22.07.2025 Bisma