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2025 DAILYLAW 14700 (JK)

MUBASHIR ASHRAF MATTOO AND ANR v. UNION TERRITORY OF J AND K TH.COMMISSIONER SMC AND OTHERS

CM(M)/585/2025 · 2025-12-24

Sanjay Dhar

body2025

Judgment text

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133 Supp IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(8784/2025) IN CM(M) 585/2025 CM(8785/2025)) MUBASHIR ASHRAF MATTOO AND ANR ….. Petitioner (s) Through: Mr. Touseef Rasool Dar, Advocate. with Ms. Uzma, Advocate. V/s UNION TERRITORY OF J AND K AND OTHERS ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 24.12.2025 CM No. 8784/2025: For the reasons stated in the application, the same is allowed and requirement of filing certified copies of orders dated 17.11.2025 and 04.12.2025 is dispensed with. The appellant shall file the same within one week. CM disposed of. CM(M) No. 585/2025: The impugned order dated 17.11.2025, has been passed by the learned trial court, in exercise of its powers under Order 39 Rule 1and 2 of Code of Civil Procedure. The said order is exparte in nature and the petitioners/defendants have an option to either file objections/written statement before the learned trial court and seek vacation of the said order or they have also an option to file an appeal before concerned District Judge as the impugned order is appealable in nature in terms of Order 43 Rule 1(r) of code of Civil procedure. The petitioners cannot invoke the supervisory jurisdiction of this Court without exhausting the alternate and efficacious remedy available to them. In view of the above, the petition is held to be not maintainable, leaving it open to the petitioners to take resort to appropriate remedy available under law. (Sanjay Dhar) Judge SRINAGAR 24.12.2025 Aasif