Sr. No. 114 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (through virtual Mode) FAO No. 12/2026 Mohammad Hashim Khan …. Appellant(s) Through:- Mr. Sheikh Manzoor, Advocate. V/s Abdul Gani Khan …..Respondent(s) Through:- CORAM : HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 20.05.2026. 1. The appellant has challenged order dated 07.052026 passed by learned Principal and District Judge, Kupwara (hereinafter the trial Court) whereby ex-parte interim order passed in favour of the appellant has been vacated by the learned trial Court on the ground that the appellant has failed to fulfill the mandatory requirements contained in proviso to Order 39 Rule 3 CPC after obtaining the ex-parte interim order. 2. Heard learned counsel for the appellant and perused the material on record. 3. A perusal of the impugned order would reveal that learned trial Court, while vacating the ex-parte interim order dated 20.02.2026, has not shut out the case of the appellant/plaintiff. His application under Order 39 Rule 1 and 2 CPC has been put up for consideration on merits. It is not the case of the appellant that he had filed the affidavit before the trial Court in terms of Order 39 Rule 3 of the CPC. Thus, no case is made out for this 2 FAO No. 12/2026 Court to interfere with the impugned order of the trial Court at this stage particularly keeping in view the fact that appellant/ plaintiff has the option of arguing the case before the trial court afresh and to persuade the said Court to grant temporary injunction in his favour on merits. 4. Learned counsel for the appellant has submitted that till such time, the application is considered by the learned trial Court afresh on merits, the interest of the appellant/ plaintiff has to be protected by directing the respondent not to create 3rd party interest in the suit property. In this regard, it is to be noted that doctrine of lis pendens would take care of the apprehension that is being expressed by learned counsel for the appellant. Thus, there is no need to pass any interim direction in favour of the appellant by this Court at this stage. 5. Accordingly, the appeal is disposed of by leaving it open to the appellant to approach the trial Court and press his application under Order 39 Rule 1 and 2 CPC on merits on the date already fixed before the said Court i.e. 01.06.2026. 6. Learned trial Court shall, in the event, the case is not taken up on the said date for consideration on account of a reason attributable to the respondents, consider the passing of a fresh interim order in favour of the appellants, if the situation warrants so. 7. The appeal stands disposed of. 8. Copy of this order be sent to learned trial Court. (Sanjay Dhar) Judge JAMMU 20.05.2026 NEHA-1