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2026 DAILYLAW 1374 (JK)

MOHD ASHRAF BHAT AND OTHERS v. MOHD YOUSUF AND OTHERS

CM(M)/171/2026 · 2026-06-02

Wasim Sadiq Nargal

body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(3037/2026) in CM(M) 171/2026 Caveat 1011/2026. MOHD ASHRAF BHAT AND OTHERS. …Petitioner(s) Through: Mr. Saleem Gul, Advocate. VERSUS MOHD YOUSUF AND OTHERS. …Respondent(s) Through: None. CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE. ORDER 02.06.2026 01. After arguing for a while, when learned counsel for the petitioners was confronted with the issue of maintainability of the instant petition, which has been filed under Article 227 of the Constitution of India seeking quashing/setting aside of an order dated 14.06.2022 passed by the learned Munsiff, and which order was affirmed by the Appellate Court vide order dated 17.07.2023 passed by the learned Principal District and Sessions Judge, Anantnag, it was pointed out that the petitioners have accepted both the orders for more than 3½ years and have now filed the instant petition by invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. The petition even otherwise is also not maintainable, as the petitioners have allowed the matter to proceed before the learned Trial Court. 03 Regular 02. When the learned counsel was confronted with the issue of maintainability of the instant petition as well as the delay in approaching this Court, he seeks withdrawal of the instant petition unconditionally with liberty to seek appropriate remedy before the learned Trial Court. Accordingly, the writ petition is dismissed as withdrawn in limine. 03. However, the dismissal of the writ petition shall not come in the way of the petitioners to seek appropriate remedy under law, if available, before the learned Trial Court. (WASIM SADIQ NARGAL) JUDGE SRINAGAR 02.06.2026 Bisma Jan.