Extracted from the PDF above. The PDF is authoritative.
Serial No. 88 Suppl Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM (M) No. 508/2025 CM No. 7646/2025.
MOHAMMAD ASHRAF LONE
…Petitioner (s)
Through: Mr. Saleem Gul, Advocate.
VERSUS
ISHTIYAQ AHMAD MIR.
Through:
…Respondent(s)
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER 19-11-2025
01.
The petitioner, through the medium of the present petition, has challenged order dated 1st of November, 2025, passed by the Learned Munsiff, Baramulla, in an application under Order 39 Rules 1 and 2 of the CPC.
02.
It appears that the respondent-plaintiff has filed a suit for Permanent Prohibitory Injunction against the petitioner and the co-defendant before the trial court, in which an ex-parte interim order dated 1st of November, 2025, has been passed, whereby the petitioner-defendant has been temporarily restrained from interfering with the plaintiff’s possession over the suit property.
03.
The order impugned is appealable in nature. Apart this, the said order has been passed in ex-parte and is subject to objections from the other side. Therefore, the petitioner-defendant has two options, either he can file an appeal against the said order, or he has the option of filing written statement/objections and seeking vacation of the said interim order. Instead of availing these remedies,
the petitioner has rushed to this Court by invoking its supervisory jurisdiction under Article 227 of the Constitution of India.
04.
It is a settled position of law that where a litigant has an alternative and efficacious remedy available to him, the High Court would ordinarily refrain from exercising its supervisory jurisdiction under Article 227 of the Constitution of India.
05.
In view of the above settled position of law, this Court declines to entertain the present petition of the petitioner and leaves it open to him to avail the appropriate alternative remedy available to him under law.
06.
The petition is, accordingly, disposed of with leave and liberty as above.
(Sanjay Dhar)
Judge
SRINAGAR 19-11-2025 Showkat Khan