S. No. 82 Supp Cause List-1 INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 148/2025 CM(2188/2025) MOHAMMAD YASIN KHAN AND ORS …Appellant(s)/Petitioner(s) Through: Ms. Syed Ainain Qadiri, Advocate Vs. NAZIA IQBAL ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE ORDER 18.04.2025 Petitioners, feeling aggrieved of orders dated 18.12.2024 and 23.01.2025 as also consequent orders, passed by the court of Chief Judicial Magistrate, Srinagar, in a case titled as Nazia Iqbal v. Mohammad Yasin Khan and others, have filed instant petition seeking quashing thereof on the grounds made mention of therein. Learned counsel for the petitioners submits that petitioners had earlier filed petition, bearing CRM(M) no.704/2024, in which this Court vide Order dated 06.12.2024, directed petitioners to avail remedy of Appeal as provided in terms of Protection of Women from Domestic Violence Act, 2005, and accordingly, petitioners filed an appeal before 1st Additional Sessions Judge, Srinagar (“Appellate Court” for short). The Appellate Court, taking cognizance of the matter, vide order dated 17.12.2024 admitted the appeal and kept in abeyance the order of Trial Court. Notwithstanding pendency of appeal and orders passed by the Appellate Court, the Trial court has proceeded in ex parte against petitioners though they have filed an application seeking recalling of order whereby the ex parte proceedings were initiated but same is not being decided and instead Trial Court is proceeding with recording of the ex parte evidence. It is submitted by her that Trial court before proceeding and recording the evidence in ex parte was/is required to first decide petitioners’ application. Learned counsel lastly submits that petitioners would be satisfied in case the Trial court is asked to decide the application filed by petitioners seeking recalling of the order of proceeding ex parte. It is submitted by her that if petitioners are not allowed to participate in the proceedings and ex parte proceedings initiated on 18.12.2024 are not set-aside, they will suffer an irreparable loss and injury. Having regard to the submissions made by learned counsel for the petitioners and the grievance as projected by them in the instant petition, no purpose will be achieved by keeping the petition pending, therefore, the same is disposed of by asking the Trial Court to decide the application of the petitioners seeking setting aside of ex parte proceedings before proceeding further in the matter. Ordered accordingly. Disposed of as above along with connected CM. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 18.04.2025 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 29.04.2025 14:35