S. No. 22 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) no.432/2024 Jan Mohammad Ganie and Anr. …Appellant/Petitioner(s) Through: Mr. Rizwan Bhat, Advocate Vs. Ghulam Mohammad Dar and ors. ...Respondent(s) Through: Mr. M.A. Makhdoomi, Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 28.07.2025 Order dated 08.08.2024, passed by the court of 1st Additional District Judge, Srinagar (“Trial Court” for short) in an Application bearing File no. IA/4/2024 titled as Ghulam Mohammad Dar vs. Jan Mohammad Ganie, directing the petitioners herein-tenant to deposit the rentals of the suit shop along with the arrears of the rent as per prevalent rates before the Court, is being sought to be set-aside in the instant petition on the grounds made mention of therein. Order impugned, amongst others, is being challenged on the ground that the Trial Court while passing order impugned directing petitioners to deposit the rentals, was required to first determine and fix the rate of rent to be paid/deposited by petitioners. There is substance in submission of learned counsel for petitioners that it is not coming forth from order impugned that how much amount was to be paid by petitioners as arrears of rent and what was the prevailing market rate, thereby keeping petitioners in lurch and forcing them to move instant petition under Article 227 of the Constitution of India. When this question was put to learned counsel for the respondents, he fairly conceded that the Trial court ought to have determined the amount of rent to be paid/deposited by petitioners. Having regard to what has been stated above, it is clear that the Trial Court had not proceeded in the matter in accordance of law, therefore, directing the petitioners herein to deposit rent at the market rate without determining the same is bad in law and therefore, liable to be set-aside. Resultantly, order impugned dated 09.08.2024 passed by court of 1st Additional District Judge, Srinagar (“Trial Court” for short) in an Application bearing File no. IA/4/2024 titled as Ghulam Mohammad Dar vs. Jan Mohammad Ganie, is set-aside. The matter is remanded back to the Trial Court with a direction to decide the application of respondent and pass fresh orders in accordance of law. The Trial court shall determine the market rate so far as the rent is concerned which has to be deposited by the petitioners. The Trial Court shall do well to decide the application expeditiously without any unnecessary delay and without granting any undue adjournment. Both the parties shall cause their appearance and shall remain present before the Trial court. It is made clear that in the event any of the parties remain absent, the Trial court shall proceed in the matter in accordance with law and decide the same as expeditiously as possible. In view of the above, disposed of. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 28.07.2025 Misba