S. No. 43 Regular Cause List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 304/2024 MUSHTAQ AHMAD MIR AND ORS. …Appellant(s)/Petitioner(s) Through: Mr. Sheikh Mushtaq, Advocate with Mr. Syed Uzair Shah, Advocate Vs. MUKHTAR AHMAD MIR ...Respondent(s) Through: Mr. Tasaduq H. Khawaja, Advocate with Mr. Iman Abdul Muiz, Advocate CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE ORDER 15.07.2025 Petitioners are aggrieved of order dated 12.06.2024, passed by the court of Special Mobile Magistrate, Budgam, in a suit titled Mukhtar Ahmad Mir and Ors vs. Mushtaq Ahmad Mir and Ors., whereby the Trial court has directed the concerned SHO to implement the order dated 08.05.2024, passed by the High Court against the respondents. Petitioners are aggrieved of the impugned order and seeking its quashment precisely on the ground that the order impugned has been passed on an application filed by the respondents without notice being given to the petitioners and while passing the order they have been condemned unheard. When this matter came up for consideration, learned counsel for the respondents has stated that since the petitioners are aggrieved of the order on the ground that they have not been heard, he has no objection, if this petition is allowed and matter is remanded back to Trial court, who while considering the application shall hear both the parties and pass the appropriate order. -2- CM(M) 304/2024 In view of the submissions made by learned counsel for the respondents, this petition shall stand allowed. Order impugned is set aside. Matter is remanded back to Trial court where both the parties shall appear on 22.07.2025 and Trial court shall hear both the parties and thereafter pass orders in accordance with the provisions of law. Disposed as above along with connected CM(s). (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 15.07.2025 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 17.07.2025 10:07