Sr. No. 12 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CR 12/2011 GHULAM MOHAMMAD GUJREE …Petitioner(s)/appellant(s) Through: Mr. Prince Hamza, Advocate Vs. GHULAM HASSAN GUJREE AND OTHERS ...Respondent(s) Through: None CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 20-03-2025 1. Heard learned counsel for petitioner and perused the record. 2. The short grievance projected in the instant petition by the petitioner, while throwing challenge to orders dated 24.12.2010 and 24.02.1998, is that the trial court did not rightly decide the application filed by the petitioner, defendant before the trial court, under the provisions of Order 23, Rule 3A CPC, wherein petitioner herein had urged that the plaintiff/respondent herein could not have maintained a suit against a compromise decree in view of the provisions of Order 23, Rule 3A CPC. 3. Perusal of the impugned order would reveal that the trial court, while passing the impugned order, has observed that preliminary issues qua the maintainability of the suit stands addressed earlier, as such, the application filed by the defendant/petitioner herein seeking dismissal of the suit pursuant to the provisions of Order 23, Rule 3A CPC is not maintainable. Prima facie, it appears that the trial court has rightly held the application to be not maintainable as a suit cannot be sought to be dismissed during the course of trial merely on the ground of application of Order 23, Rule 3A CPC moreso in presence of the provision contained in Junaid Ayoub I attest to the accuracy and authenticity of this document Order 7, Rule 11 CPC which contemplates various contingencies for rejection of a plaint at any stage. 4. In view of the aforesaid position obtaining in the matter, the impugned order does not call for any interference as such, the petition shall stand dismissed. The dismissal of the petition, however, shall not operate as a bar to the petitioner herein for seeking appropriate orders in this regard in appropriate proceedings, if available and if there is no legal impediment thereto. (JAVED IQBAL WANI) JUDGE SRINAGAR 20-03-2025 Junaid Junaid Ayoub I attest to the accuracy and authenticity of this document