HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CM(M) No. 72/2025 CM No. 1562/2025 CAV No. 525/2025 Tarlochan Singh ..... Appellant(s)/Petitioner(s) Through :- Mr. Jatinder Singh, Advocate Vs Gurbachan Singh and Ors. .....Respondent(s) Through :- Ms. Vasudha Sharma, Advocate CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 24.03.2025 CAV NO. 525/2025 With the appearance of Ms. Vasudha Sharma, Advocate for the caveator, the caveat stands discharged. CM(M) NO. 72/2025 01. Learned counsel for the petitioner submits that let the preliminary objection raised by the petitioner (defendant therein) be decided by the learned trial Court before proceeding further in the suit, which has been preferred by respondent herein-Mr. Gurbachan Singh. Since an innocuous prayer has been made by the learned counsel for the petitioner, learned counsel for the caveator has no objection for such innocuous prayer. 02. This Court after perusing the order passed by the learned trial Court does not find any legal infirmity with the same, as the learned Appellate Court Sr. No. 1 2 | P a g e CM(M) No. 72/2025 (Court of Additional District Judge, Samba) where the Civil Miscellaneous Appeal preferred by Gurbachan Singh has been disposed of wherein the impugned order passed by the learned trial Court dated 06.12.2017 has been set aside and the parties have been directed to appear before the learned trial Court on 19.11.2024, which date has already gone. 03. After arguing for a while, learned counsel for the petitioner submits that he would feel satisfied that in case learned trial Court is directed to decide the preliminary objection raised by the petitioner (defendant therein) with regard to the maintainability of the aforesaid suit, as the petitioner has raised a preliminary objection with regard to the jurisdiction of the learned trial Court to entertain and proceed with the suit, as the same falls within the domain of the Revenue Court instead of the Civil Court. 04. With the consent of learned counsel for the parties, the instant petition is taken up for disposal at this stage without issuing formal notice to the respondents. Accordingly, the instant petition is disposed of by directing the learned trial Court to decide the preliminary objection raised by the petitioner with regard to the maintainability of the suit before proceeding further in the matter in accordance with the law expeditiously. 05. The writ petition is, accordingly, disposed of along with all connected application(s). 06. Parties are directed to appear before the learned trial Court on the date already fixed by the Court. 3 | P a g e CM(M) No. 72/2025 07. Copy of this order be sent to be learned trial Court for information and compliance. (WASIM SADIQ NARGAL) JUDGE JAMMU 24.03.2025 Mihul Mihul Singh 2025.03.25 16:06 I attest to the accuracy and integrity of this document