Serial No. 106 Supplementary Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR FAO No. 11/2025 CM No. 1932/2025 CM No. 1933/2025 Farooq Ahmed Mir … Petitioner/ Appellant (s) Through: - Mr. Ashiq Hussain, Advocate V/s Mohammad Sikandar Dar … Respondent(s) Through: - None CORAM: Hon’ble Mr Justice Rahul Bharti, Judge. (ORDER) 11.04.2025 01. Learned counsel for the appellant, after arguing for a while, is allowed to withdraw this appeal given the fact that without causing appearance in the civil suit and filing written statement and response to the plaint as well as to the application for temporary injunction, the appellant has rushed to this court to challenge an order dated 01.03.2025 passed by the Court of Principal District Judge, Kulgam whereby the operation of the suit document has been stayed but subject to the objections from the other side i.e., from the appellant’s side who figures as defendant No. 1 in the suit. 02. The appellant has a situation open before him to appear in the civil suit and take as many as points of objection both with respect to the maintainability of the civil suit as well as to the grant of interim injunction by the trial court in terms of impugned order dated 01.03.2025. 03. In the light of above, the filing of appeal under Order 43 Rule 1 CPC, 1908 as against the impugned order dated 01.03.2025 by the appellant as defendant No. 1, is premature action on his part and, therefore, the appellant is allowed to avail the liberty of withdrawing the present appeal and resort to appropriate legal course of action before the trial court whereupon the appellant can have his remedies available in approaching this court. 04. Disposed of as above, along with connected CM(s). (Rahul Bharti) Judge SRINAGAR: 11.04.2025 Shoaib