Sr. No.4 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 141/2025 in[WP(C) 211/2023] MEHBOOB SINGH MARWAHA …Petitioner(s)/appellant(s) Through: Mr. M.A. Chashoo, Advocate Vs. UNION TERRITORY OF J AND K (REVENUE) AND ORS ...Respondent(s) Through: CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 14-07-2025 Aggrieved by an interim order dated 21.04.2025, the appellant (Respondent before the writ court) is before us in an intra-court appeal under Clause 12 of the Letters Patent. In essence, the grievance of the appellant is that vide impugned order, the learned Single Judge not only admitted the petition preferred by the private respondents, but also continued the interim relief of status quo granted on 12.02.2025 until final disposal of the petition. It is urged that against the orders passed under Section 6 of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, a statutory remedy by way of appeal under Section 7 of the Act is provided and therefore, the learned Single Judge ought not to have entertained the petition leave alone granting the interim relief. However, upon being pointedly asked, he fairly submits the matter is posted before the learned Single Judge on 14.08.2025. It is urged that considering the limited issue that arises for consideration, as also the fact that this court while dealing with the identical proposition has rendered numerous decisions and held that once a remedy by way of appeal under Section 7 of the Act, is available, which is not only efficacious but also effective, the petition before this Court would not be maintainable. For the matter is at large before the learned Single Judge, and as indicated earlier, is posed for 14.08.2025, the appellant shall be at liberty to move an appropriate application before the Writ Court to prepone the hearing and decide the issues as regards maintainability/entertainability of the petition or express his concerns/grievances on the date fixed. We are sanguine if any such issue is raised before the learned Single Judge, the same shall be examined and dealt with by the Writ Court in accordance with law. However, it is made clear that this order shall not constitute any expression of opinion on the merits of the case of either party. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 14-07-2025 Aadil