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2025 DAILYLAW 8205 (JK)

SURAYA MANZOOR v. GH RASOOL MASOODI AND ORS.

CM(M)/268/2025 · 2025-07-16

Sanjay Dhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

105 Supplementary HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 268/2025 CM No. 4254/2025 Suraya Manzoor ….. Petitioner (s) Through: Mr. Syed Waris, Adv. V/s Gh. Rasool Masoodi and Ors. ….. Respondent(s) Through: . Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 16.07.2025 1. The petitioner has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution for assailing order dated 26.06.2025 passed by the learned Principal Sessions Judge, Pulwama whereby order passed by the learned Judicial Magistrate 1st Class (Munsiff) Pampore under Section 23 of the Protection of Women from Domestic Violence Act (hereinafter DV Act) in favour of the petitioner, has been stayed. 2. A perusal of the impugned order reveals that the same has been passed by the learned Sessions Judge in exercise of his appellate jurisdiction under Section 29 of the DV Act in exparte and a notice has been issued to the petitioner for his appearance on P a g e | 2 CM(M) No. 268/2025 CM No. 4254/2025 18.07.2025. Instead of appearing before the learned Sessions Judge and contesting the appeal before the said court, the petitioner has rushed to this Court by invoking its supervisory jurisdiction. 3. It is trite law that powers under Section 227 of the Constitution cannot be exercised where a litigant has an alternative and efficacious remedy available to him. In the present case, the petitioner has an alternative and efficacious remedy of approaching the learned Principal Sessions Judge, Pulwama for contesting the appeal filed by the respondent. Thus the present petition is not maintainable. 4. Accordingly the petition is held to be not maintainable and is dismissed as such. However, having regard to the nature of the controversy involved in the case, it is provided that the learned Principal Sessions Judge, Pulwama shall take expeditious steps for disposal of the appeal in accordance with law. (Sanjay Dhar) Judge SRINAGAR 16.07.2025 Aasif