HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM (M) No. 248/2025 CM No. 5625/2025 CAV No. 2025/2025 Som Nath …..Petitioners Through: Mr. Anil Khajuria, Advocate Vs Subash Chander and others .…. Respondents Through: Mr. Amit Gupta, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 08.09.2025 1. Through the medium of present writ petition, the petitioner has challenged order dated 30.08.2025 passed by Learned Munsiff, Hiranagar, whereby, while posting the matter to 10.09.2025 for consideration of interim application, the learned Trial Court has refused to extend the ex-parte interim order in favour of the petitioner/plaintiff. 2. Heard learned counsel for the parties and perused the record. 3. Perusal of the impugned order would reveal that petitioner/plaintiff has avoided to appear before the learned Trial Court for the purpose of advancing arguments on application for grant of interim relief and the learned Trial Court has, while posting the matter for consideration of the application on 10.10.2025, refused to extend ex-parte interim protection granted in favour of the petitioner/plaintiff. 4. Learned counsel for petitioners has submitted that the plaintiff never avoided the arguments and that the case was taken up by learned trial Court during the lunch hours as is clear from the Sr. No. 3 CM(M) No. 248/2025 impugned order as such, it was not possible for the counsel for the plaintiff to appear before the Court at the relevant time. 5. Be that as it may, one thing does appear from the minutes of the proceedings that the conduct of the plaintiff in prosecuting the application for grant of interim relief, after obtaining ex-parte interim relief, has not been above board which it seems, has compelled the learned Trial Court to pass the impugned order thereby refusing to extend that ex-parte interim order. 6. However, with a view to cut short the controversy and ensure that the interim application for grant of interim relief under Order 39 Rule 1 & 2 CPC is finally decided on its merits rather than in default, a direction is issued to the parties to appear before the learned Trial Court through their counsels on 20.09.2025 on which date, the learned Trial Court shall hear the parties through their counsels on the application for grant of interim relief. In case, any of the parties fails to appear before the Court on the said date, the learned Trial Court shall be at liberty to decide the application in the absence of the parties on the basis of the pleadings filed by them before the said Court. 7. Till 20.09.2025 the ex-parte interim order passed by the Trial Court shall remain in operation. 8. The petition stands disposed of in above terms. 9. A copy of this order be furnished to the Trial Court. (SANJAY DHAR) JUDGE JAMMU 08.09.2025 Mahavir