Serial No. 88 SUPPLEMENTARY LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(5687/2025) IN CM(M) 374/2025 MOHAMMAD SHAFI SHEIKH …Petitioner/Appellant(s) Through: Mr. Aswad R. Attar, Advocate Vs. GULSHANA AKHTAR ...Respondent(s) Through: None CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 02.09.2025 01. After arguing for a while, learned counsel for the petitioner, when confronted with the maintainability of the instant petition, seeks withdrawal of the instant petition unconditionally with liberty to pursue the remedy which he has already availed by filing an appeal before the Appellate Court against the order passed by the learned Munsiff, Anantnag, dated 02.08.2025. 02. Accordingly, the instant petition is dismissed as withdrawn. 03. The learned counsel appearing on behalf of the petitioner submits that the only reason for filing the instant petition without waiting for outcome of the appeal already preferred before the Appellate Court is the urgency involved in the matter and in case, if the petitioner will not be allowed to raise the construction, irreparable loss will be caused. 04. At this stage, the learned counsel appearing on behalf of the petitioner has made an innocuous prayer that the learned Appellate Court be requested to decide the appeal pending before it at the earliest, or else the petitioner shall suffer an irreparable loss which cannot be compensated by any means whatsoever. 05. Since an innocuous prayer has been made by learned counsel for the petitioner, this Court, in the peculiar facts and circumstances and also in light the urgency involved in the matter, deems it appropriate to request the learned Appellate Court to decide the appeal expeditiously, strictly in accordance with law. It is made clear that no opinion has been expressed with regard to the merits of the case and the learned Appellate Court shall decide the appeal strictly in accordance with law without being influenced by the observations made by this Court while deciding the instant writ petition. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 02.09.2025 Akhil Dev