Serial No. 92 Supply; List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CR No. 05/2025 c/w CR No. 09/2025. JK PUBLIC SCHOOL HUMHAMA …Petitioner (s) Through: Mr. Hakeem Suhail Ishtiyaq, Advocate. VERSUS MUSHTAQ HAMD KUCHAY AND ORS. …Respondent(s) Through: Mr. Jehangir Iqbal Ganie, Sr. Advocate with Ms. Mehnaz Rather, Advocate. Mr. Mian Tufail, Advocate. CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 03.03.2025 01. These two revision petitions converge to a situation whereby the petitioner, as being contesting defendant in a civil suit filed by respondent Nos. 1 to 3, felt aggrieved of an order dated 26.12.2024 passed by the Principal District Judge Budgam thereby issuing interim injunctory directions in terms of Order 39 read with Section 151 Civil Procedure Code, 1908 CPC based upon an order dated 10.10.2024 granting leave in favour of the plaintiffs to institute and maintain suit under Section 92 of the Civil Procedure Code, CPC 1908. 02. Any indulgence by this court in respect of two revisions petitions be it for dismissal or entertaining them for adjudication purposes on merits would have a direct merit affecting bearing on the lis and that may amount to non-suiting one of the parties to the suit which cannot be the scope of a civil revision as presently obtains in terms of section 115 of the Code of Civil Procedure, 1908. 03. There are good number of legal options available at the end of the petitioner within the four corners of the civil suit itself under the Code of Civil Procedure, 1908 before the trial court as also before the appellate court in the context of the orders sought to be impugned in the two revision petitions and, therefore, this court allows the petitioner to have withdrawal of these revision petitions with liberty to approach the trial court in case of scope available for filing an application if the petitioner reckons that order dated 10.10.2024 granting leave in favour of the plaintiffs to maintain the suit under section 92 of the Code of Civil Procedure, 1908 was granted only on the basis of the self serving averments made from the ends of the plaintiffs and rather than in the fullness of facts, then in the event of any such application being filed by the petitioner, as defendant, against the leave to institute the suit, then the trial court shall be well within its discretion to adjudicate the said application on its merits without being influenced by the dismissal of the these two revision petitions as withdrawn. 04. Application, if any, such filed by the petitioner before the trial court to be adjudicated and disposed of within a period of (30) days from the date of filing of the application. 05. A copy of this order be forwarded to the court of learned Principal District Judge, Budgam for being taken on the record of the file. 06. Disposed of. (Rahul Bharti) Judge SRINAGAR 03.03.2025. Showkat Khan Showkat Hassan Khan I attest to the accuracy and authenticity of this document 06.03.2025 16:32