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2025 DAILYLAW 6717 (JK)

MST. SARA v. ATIQA BEGUM AND ORS. (REVENUE)

LPA/63/2025 · 2025-03-26

Mohd Yousuf Wani, Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 102 SUPPLEMENTARY CAUSELIST-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 63/2025 In WP(C) 601/2025 CM(1719/2025) Caveat 716/2025 Mst. Sara …Appellant(s) Through: Mr. Jahangir Iqbal Ganai, Senior Advocate with Mr. Owais Majeed, Advocate Vs. Atiqa Begum & Ors. ...Respondent(s) Through: Mr. Aswad Attar, Advocate. CORAM: Hon’ble Mr. Justice Rajnesh Oswal, Judge. Hon’ble Mr. Justice Mohd. Yousuf Wani, Judge. ORDER 26.03.2025 01. Impugned in this intra court appeal, is the interim order dated 17th March, 2025 passed by the learned writ Court after discharge of caveat. 02. Mr. Jahangir Iqbal Ganai, learned senior counsel for the appellant submits that the private respondents have indulged in forum shopping by filing civil suit, appeal and approaching the Additional Commissioner, Srinagar, with regard to the same relief i.e. for the purpose of restraining the official respondents from releasing the compensation in favor of the appellant. 03. It is further submitted by the learned senior counsel that no irreparable loss would have been caused to the private respondents had the learned writ Court not passed the interim order, thereby placing the restraint upon the release of compensation in favor of the appellant. 04. The order impugned in this appeal is an interim order and the pleadings in the main petition are yet to be completed and even application for grant of interim relief has not been decided finally. 05. Once the main writ petition is pending before the learned writ Court and the pleadings are yet to be completed, we do not find any reason to show indulgence at this stage, particularly when there is no jurisdictional error on the part of the learned writ Court. Any observation made by us at this stage may cause prejudice to either of the contesting parties before the learned writ Court. 06. The present appeal is found to be misconceived and the same is accordingly dismissed, leaving the appellant free to urge the grounds raised in this appeal, before the learned Writ Court. (Mohd. Yousuf Wani) (Rajnesh Oswal) Judge Judge SRINAGAR: 26.03.2025 “HAMID” Abdul Hamid Bhat I attest to the accuracy and authenticity of this document 27.03.2025