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2025 DAILYLAW 7121 (JK)

ABDUL AZIZ BHAT v. ABDUL RASHID BHAT AND ORS.

CM(M)/137/2024 · 2025-02-05

Vinod Chatterji Koul

body2025

Judgment text

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S. No.76 Regular Cause List INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) no. 137/2024 CM no. 2490/2024 Abdul Aziz Bhat …Appellant(s)/Petitioner(s) Through: Mr. I. Sofi, Advocate Vs. Abdul Rashid Bhat and others ...Respondent(s) Through: Mr. M. A. Wani, Advocate CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE ORDER 05.02.2025 Petitioner is feeling aggrieved of the order dated 01.04.2024, passed by the Sub Judge, Handwara (Trial court) on the ground that the order impugned has been passed without giving him opportunity of being heard. On the said ground, petitioner seeks quashing of order impugned. There is no dispute with regard to the fact that the order impugned has been passed without giving petitioner an opportunity of being heard. Learned counsel for the respondents, Mr. M. A. Wani, submits that he has no objection if order impugned is set-aside, but Trial court may be asked to decide the matter expeditiously after giving an opportunity of being heard to both the parties. In view of the submissions made by learned counsel for the respondents, this petition is allowed. Order impugned is set aside. Trial court shall hear the parties afresh and pass fresh orders. Disposed of as above along with connected CM. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 05.02.2025 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 07.02.2025 11:17