S. No. 46 Regular Cause List INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 28/2024 GHULAM QADIR BHAT AND ANR. …Appellant(s)/Petitioner(s) Through: Mr. Sheikh Hilal, Advocate Vs. GHULAM MOHAMMAD DAR ...Respondent(s) Through: Mr. Abu Owais Pandith, Advocate CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE ORDER 12.02.2025 This petition challenges the order dated 28.12.2023, passed by the Munsiff Budgam, (Trial court) in a case titled as Ghulam Qadir Bhat and another v. Ghulam Mohammad Dar, whereby the Trial court has allowed the application of the respondent seeking withdrawal of the application filed by the him for setting-aside the ex parte proceedings. The only grievance of the petitioner is that the Trial Court in terms of order impugned has permitted withdrawal of application for setting-aside ex parte proceedings and has taken on record a fresh application again seeking same relief which was being sought in earlier withdrawn application, that is, to set-aside ex parte proceedings. According to petitioners, respondent in his earlier application for setting-aside ex parte proceedings had made certain admissions. Petitioners submit that once admissions had been made by respondent in his earlier application, the same could not have been permitted to be withdrawn. I have considered the arguments put forth by the learned counsel for the parties and perused the record on file. It is true that the admissions made ordinarily could not be allowed to be withdrawn, however, the effect of such can very well be seen by the court concerned before whom such submissions are made. The respondents’ application seeking setting aside of ex parte proceedings is yet to be decided, therefore, there could be no cause for petitioners to challenge the same. However, it is for the Trial court to decide the application while taking into consideration the record of the file and effect and extent of the admissions made by respondent in the earlier application and its withdrawal. Therefore, this petition stands disposed of, by observing that Trial court shall proceed with the application and decide the same on merits. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 12.02.2025 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 25.02.2025 10:55