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2025 DAILYLAW 12649 (JK)

FAZEENA SHAFI v. SABAHAT ALIAS RIFAT JAN AND ORS.

CM(M)/80/2025 · 2025-02-24

Vinod Chatterji Koul

body2025

Judgment text

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1 CM No. 806/2025 In CM(M) No. 80/2025 S. No. 9 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM No. 806/2025 In CM(M) No. 80/2025 Fazeena Shafi …Appellant/Petitioner(s) Through: Mr. Mujeeb Andrabi, Advocate Vs. Sabahat Alias Rifat Jan and Ors. ...Respondent(s) Through: CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 24.02.2025 CM No. 806/2025: 1. Leave, sought for in instant application by applicant/petitioner to file above titled petition, is granted. 2. Disposed of. CM(M) No. 80/2025: 3. Quashing of interim ex-parte order dated 18.09.2024 to the extent of Clause B read with implementation order dated 27.01.2025 passed by Chief Judicial Magistrate, Srinagar (for short “CJM”), is sought in this petition on the ground that dispute is inter se respondents 1 and 2 and the petitioner is neither the party to any proceedings nor is there any allegation against her. 4. It is submitted by learned counsel for the petitioner that petitioner is the sole owner of property in question and the CJM without hearing her restrained her from dispossessing the complainant from the shared household situated at Firdous Colony Sarmad Lane, Eidgah, 2 CM No. 806/2025 In CM(M) No. 80/2025 5. Perusal of complaint as well as orders passed by Trial court reveals that the petitioner is neither party to any proceedings nor any allegation is made against her. 6. Learned counsel for the petitioner, after arguing for a while, submits that this petition may be disposed of by providing an opportunity to petitioner to approach the court of CJM with an application for modification of order dated 18.09.2024 to the extent of Clause B. 7. Viewed in the above context, it will be futile to keep this petition pending on board and the same is, accordingly, disposed of with a direction to petitioner to approach the court of CJM with an application seeking modification of order dated 18.09.2024 to the extent of Clause B, who shall consider and decide the same strictly in accordance with law, preferably within a period of one month from the date application, enclosed certified copy of this order, is submitted by petitioner. 8. Disposed of. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 24.02.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 06.03.2025 16:34