Serial No.14 REGULAR LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 271/2022 in[SWP 124/2016] JAMMU AND KASHMIR GRAMEEN BANK AND ORS. …Petitioner/Appellant(s) Through: Mr. Altaf Haqani, Sr. Advocate with Mr. Asif Wani, Advocate Vs. ZAHOOR AHMAD KHAN ...Respondent(s) Through: Mr. Mujeeb Andrabi, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDE R 30.05.2025 1. Impugned in this appeal filed under Clause 12 of the Letters Patent, is an interim order dated 5th December, 2022, passed by the learned Single Judge of this Court [“the writ Court”], in SWP No. 124/2016 titled “Zahoor Ahmad Khan Vs. Jammu and Kashmir Grameen Bank & Ors.”, whereby the writ Court has turned down the preliminary objection raised by the appellants to maintainability of the petition on the ground of suppression and concealment of material fact of filing of earlier petition i.e. SWP No. 2778/2015, on the same subject matter. 2. The impugned order is assailed by the appellants on the ground that the writ Court has not appreciated that the earlier petition which was filed by the respondent was on the same cause of action, and which fact was deliberately suppressed and concealed by the respondent in SWP No. 124/2016, that is the subsequent petition. Arif Hameed I attest to the accuracy and authenticity of this document 05.06.2025 3. Be that as it may, since the order impugned is only an interim order and disposes of only the preliminary objection raised by the appellants, as such, we are of the considered opinion that this issue can still be raised by the appellants in case they choose to file an appeal against the final order/judgment passed by the writ Court in SWP No. 124/2016. 4. In view of the aforesaid and having regard to the facts and circumstances of the case, we propose to dispose of this appeal by providing as under: a. That in case the appellants feel aggrieved and challenge the final order that may be passed in SWP No. 124/2016 in an appeal before us, the preliminary objection which has been disposed of by the writ Court shall remain open to be raised in such appeal. b. That nothing said by the writ Court in the order dated 05.12.2022 shall prejudice the appellants in any manner while raising the same plea before the Division Bench in an appeal, that the appellants may choose to file against the final order and judgment passed by the writ Court. Ordered accordingly. 5. The writ Court shall proceed to dispose of the impugned petition on merits. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 30.05.2025 “ARIF” Arif Hameed I attest to the accuracy and authenticity of this document 05.06.2025