72 Supp IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR FAO 42/2025 CM(7363/2025) Caveat 2771/2025 GHULAM MOHI-U-DIN MALIK ….. Petitioner (s) Through: Mr. Erfan Akbar, Adv. V/s ALI MOHAMMAD SHEIKH AND ORS ….. Respondent(s) Through: Mr. Waseem, Adv. with Mr. Bhat Khurshhid, Adv. Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 11.11.2025 1. Through the medium of present appeal, the appellant/defendant No. 1 has challenged order dated 25.10.2025 passed by the learned Principal District Judge, Kupwara whereby application of the respondents/plaintiffs seeking interim relief in terms of Order 39 Rule 1 and 2 of Code of Civil Procedure has been disposed of and the appellant/defendant No. 1 has been restrained from collecting any donations, operating or transacting with the bank accounts of the Trust maintained with J&K Bank, Branch P a g e | 2 FAO 42/2025 CM(7363/2025) Caveat 2771/2025 Unit Magam, Handwara or from interfering with or altering the management, records or assets of the Trust <Shams-ul- Islam Sideeqeya, Magam Handwara=. A further direction has been issued to the appellant/defendant No. 1 that he shall not hold or project himself as Mohtamim or authorized representative of the Trust till further orders. 2. Issue notice to the respondents. 3. Mr. Waseem, Advocate who is on caveat accepts notice on behalf of the respondents. Caveat is accordingly discharged. 4. Heard learned counsel for the parties and perused the material on record. 5. A perusal of the impugned order would reveal that the same has been passed without hearing the appellant/defendant No. 1. It further transpires from a perusal of the impugned order that the learned District Judge has, not assigned any reasons whatsoever for passing the impugned order. The learned trial court, without recording any satisfaction with regard to existence of prima facie case in favour of the plaintiffs/respondents, without assessing the balance of convenience of the parties and without recording any opinion as to what would be effect of grant or refusal of the interim P a g e | 3 FAO 42/2025 CM(7363/2025) Caveat 2771/2025 order, has proceeded to issue impugned directions against appellant/defendant No. 1. The order impugned is clearly cryptic in nature and as such, not sustainable in law. 6. For the forgoing reasons, the appeal is allowed and the impugned order passed by the learned trial court is set aside and the case is remanded to the learned trial court with a direction to pass a fresh order on interim application of the plaintiffs/respondents under Order 39 Rule 1 and 2 of Code of Civil Procedure after hearing the parties. Any order that may be passed by the learned trial court on the said application, should assign the reasons after assessing the merits of rival contentions of the parties in accordance with law. 7. Copy of the order be sent to the trial court for information and compliance. (Sanjay Dhar) Judge SRINAGAR 11.11.2025 Aasif