Serial No. 81 Suppl. List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 446/2025 Caveat No. 2654/2025 Zahoor Ahmad Bhat and Ors. ….. Appellant/petitioner(s) Through: - Mr. Imtiyaz Ahmad Bhat, Advocate V/S Abdul Qayoom Bagow and Ors. ….. Respondent(s) Through: - Mr. Arif Sikander, Advocate CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 17.10.2025 Caveat No. 2654/2025 Heard learned counsel for the caveator. Caveat stands discharged. CM(M) No. 446/2025 01. By this petition, petitioners are invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, thereby challenging the order dated 25.08.2025, whereby the 3rd Additional District and Sessions Judge, Srinagar has set aside the order dated 30.05.2025, passed by the learned City Judge, Srinagar and has remanded back the case before the learned trial Court, so as to provide an opportunity of hearing to respondent No. 8 herein, to file objections to the application for grant of interim injunction application. 02. The 3rd Additional District Judge, Srinagar has passed order dated 25.08.2025 in terms of Order XLI, CPC. Paragraph 19 of the said order being relevant is taken note of:- “ Ld. Court below decided the application for grant for interim relief; without giving an opportunity of being heard to the respondent No. 6 which is required for the just disposal of the suit. Hence the order impugned dated 30.05.2025 is set aside and file is remanded back to the ld. Trial Court to give an opportunity to the Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document respondent No. 6 to file objection to the application for grant of interim injunction and decided the application afresh after hearing both the parties. Parties are directed to remain present before the Court below on the next date of hearing on 08.09.2025.” 03. Learned counsel for the petitioners submits that learned City Judge, Srinagar, had considered the submissions made by the counsel for the parties and after analysing and discussing the contentions of the parties, passed a detailed order on 30.05.2025, wherein the interim direction granted by the trial Court has been vacated. It is further submitted that the respondent No. 8, herein was granted time for filing reply to the interim application in terms of order dated 25.08.2025, however, the same has not been filed by the respondent No. 8, herein, till date. 04. Learned counsel for the petitioners submits that he would feel satisfied if the petition is disposed of with a direction to respondent No. 8, herein, to file objections within a weeks’ time, so that the application can be considered and heard on the next date fixed by the Court viz 25.10.2025. 05. Learned counsel for the respondents undertakes to file objections within a week’s' time from the date of passing of this order. 06. In view of above, this petition is disposed of with a direction to respondent No. 8, to file objections to the interim application filed alongside the suit titled Abdul Qayoom Bagow and Ors. Vs. Zahoor Ahmad Bhat and Ors. before the learned City Judge, Srinagar. The City Judge, Srinagar, is directed to consider and decide the interim application on the next date of hearing. 07. Disposed of along with connected CM(s). (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 17.10.2025 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document