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2026 DAILYLAW 1137 (JK)

AMIR BASHIR KARNAI v. UNION TERRITORY OF J AND K AND OTHERS (HOUSING AND URBAN DEVELOPMENT)

CM(M)/158/2026 · 2026-05-12

Wasim Sadiq Nargal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 129 Suppl. List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 158/2026 Amir Bashir Karnai …Petitioner(s) Through: Mr. Jahangir Iqbal Ganaie, Sr. Adv, with Ms Huzaifa, Advocate Vs. UT of JK and Ors. ...Respondent(s) Through: Mr. Furqan Wani, GA. CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE. ORDER 12.05.2026 01. After arguing for a while, when, Mr. Jahangir Iqbal Ganaie, learned Senior Counsel appearing for the petitioner, was confronted with the maintainability of the instant petition and with regard to the nature of reliefs sought in the instant petition, he fairly submits that he would feel satisfied at this stage in case a direction is issued to the court of learned 1st Civil Subordinate Judge/Municipal Magistrate, Srinagar (“trial court) to expedite the two applications so preferred by the petitioner herein and plaintiff therein before the trial court keeping in view the urgency involved in the instant matter and also in the light of the fact that the construction is being carried in violation of the orders passed by the learned trial court dated 06.04.2026 and 15.04.2026, which, according to learned Senior Counsel, appearing for the petitioner, cannot be compensated later. 02. Since an innocuous prayer has been made by the learned senior counsel for the petitioner, this court without commenting upon the merits of the case or going into the issue of maintainability of the instant petition at this stage, deems it appropriate to dispose of the same at its threshold. Accordingly, the instant petition is disposed of by directing the learned trial court to decide the applications preferred by the petitioner for seeking implementation of order dated 6th April, 2026 and under Order 39 Rule 2(A) CPC for committing the defendant No. 6 to civil prison on the ground of disobedience of the order of injunction passed by the court below. 03. It is expected that the learned trial court shall prepone the date in both the applications and decide the same expeditiously keeping in view the urgency expressed by the learned Senior Counsel appearing for the petitioner as the order passed by the learned trial court is alleged to have been flouted with impunity by the private respondents. 04. Disposed of in the aforesaid terms along with connected CM(S). (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 12.05.2026 “Shamim Dar”