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2025 DAILYLAW 4351 (JK)

ROTARY BHAWAN SOCIETY JAMMU TH JASWANT RAI GUPTA AND ANOTHER v. SATBIR SINGH AND OTHERS

LPA/171/2025 · 2025-09-01

Rajnesh Oswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No.1 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through VC) LPA 171/2025 ROTARY BHAWAN SOCIETY JAMMU TH JASWANT RAI GUPTA AND ANOTHER …Petitioner(s)/appellant(s) Through: Mr. Abhinav Sharma, Sr. Advocate with Mr. Abhimanyu Sharma, Advocate Vs. SATBIR SINGH AND OTHERS ...Respondent(s) Through: CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 01-09-2025 This is an intra-court appeal filed under Clause 12 of the Letters Patent against the order dated 17.02.2025, vide which the learned Single Judge disposed of the petition preferred by the private respondents with a direction to respondent No. 1 to take appropriate decision in the matter in terms of the judgment dated 26.11.2025 passed in LPAOW No. 88/2005 titled “Rotary Bhawan Society, Jammu Vs. Sunil Gupta and Ors.” Learned Senior Counsel for the appellants submits that ex-facie the impugned order is erroneous for it was passed ex parte at the motion stage itself without putting the appellants to notice. Further, despite expiry of the lease period (23.02.2022) the appellants continued to pay the monthly rent, that was regularly accepted by the J&K Housing Board. However, after arguing the matter at some length, learned Senior Counsel appearing for the appellant, as always fairly submits that, in the given circumstances, it would rather be expedient if the appellants are permitted to withdraw the appeal to enable them to move an application seeking recall/review/modification of the impugned order dated 17.02.2025. And also assail the consequential order dated 15.07.2025, in an appropriate proceedings. Dismissed as withdrawn, with liberty as prayed for. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 01-09-2025 Aadil