HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No. 176/2025 CM No. 3649/2025 Cav. No. 1216/2025 Lal Chand, age about 76 years S/o Sh. Santo R/o Chhajwal Tehsil Vijaypur & District Samba …..Petitioner Through: Mr. Deepak Mahajan, Advocate Vs 1. Beru Ram S/o late Sh. Santo R/o Chhajwal Tehsil Vijaypur & District Samba 2. Som Kumar S/o Sh. Beru Ram R/o Chhajwal Tehsil Vijaypur & District Samba 3. Kamal Kumar S/o Sh. Beru Ram R/o Chhajwal Tehsil Vijaypur & District Samba 4. Surjeet Kumar S/o Sh. Beru Ram R/o Chhajwal Tehsil Vijaypur & District Samba 5. Balbir Kumar S/o Sh. Beru Ram R/o Chhajwal Tehsil Vijaypur & District Samba .….Respondents Through: Ms. Vasudha Sharma, Advocate Serial No. 48 2 CM(M) No. 176/2025 CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (18.08.2025) 01. Through the medium of the present petition, the petitioner is challenging order dated 16.06.2025 passed by the learned Additional Munsiff, Samba whereby the said court has refused to entertain the suit filed by the petitioner on the ground that during the vacation period the court is vested with power to deal with urgent criminal work only. The petitioner, while challenging the impugned order has placed reliance upon the judgment of this Court in case of “Ajay Gupta & Ors. Vs. State & Ors.” 2007 (2) SLJ 617. 02. The petition has been filed before this Court on 19.06.2025 when the Subordinate Courts in Jammu Division were observing summer vacation. The vacation period has expired long back and in fact, it is being informed that the petitioner has filed the suit after the resumption of normal functioning of the civil courts upon expiry of the vacation period. In these circumstances, the petition has been rendered infructuous. Therefore, determination of the legal issue raised in the present proceedings would only be an academic exercise which this Court is not inclined to undertake. 3 CM(M) No. 176/2025 03. In view of the above, the petition is disposed of leaving the legal issue, which has been raised by the petitioner in this case, open to be decided in an appropriate case. 04. This petition is accordingly, disposed of. (SANJAY DHAR) JUDGE JAMMU 18.08.2025 SUNIL Whether the order is speaking : Yes Whether the order is reportable : No