HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No. 129/2023 1. Mohd. Shafiq, S/O Noor Din. 2. Sakeena Begum, W/O Mohd. Shafiq, Both residents of House No. 117, Mohalla Dogra Hall, Jammu. ….. Petitioner(s) Through: Mr. Varun Raina, Advocate. vs 1. Mohd. Sharief Shad, S/O Noor Din, R/O Gujjar Mohalla, Janipur Paloura, Jammu. 2. Kanta Devi, W/O Late Om Parkash 3. Nitin Gorka, S/O Late Om Parkash Both residents of Village Jinder Kalan, Tehsil R. S. Pura, District Jammu. …..Respondent(s) Through: None. CORAM: HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE ORDER (01.09.2025) 1. The petitioners are aggrieved of Order dated 15.04.2023, whereby the applicant- Mohd. Sharief Shad was impleaded as party defendant in a suit titled “Om Parkash & Anr. v. Mohd. Shafiq & Anr.” pending before the Court of learned Munsiff, Jammu. 2. The grievance of the petitioners herein, as defendants before the Court below, is that the applicant- Mohd. Sharief Shad was impleaded as party Serial No. 16 2 defendant without considering the objections filed by the defendants/ non- applicants on 19.02.2020. 3. Pursuant to notice, the respondents neither filed any reply to this petition nor caused appearance, as such, the matter is being heard in absence of the contesting respondent. 4. Since, the petitioners, as defendants, had a right to contest the application seeking impleadment as party defendant, the trial Court seems to have committed an error by not considering the objections raised by the defendant/non-applicants, which renders the order unsustainable. 5. In this view of the matter, the impugned order dated 15.04.2024 is set aside and the matter is remanded back to the Court below to consider the application afresh, after affording an opportunity of being heard to the petitioners herein, as defendants before Court below. 6. The petition, accordingly, stands allowed. (M. A. CHOWDHARY) JUDGE Jammu 01.09.2025 Neha-I