HIGH COURT OF JAMMU & KASHMIR AND LADAKH Sr. No. 81 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 1748/2026 Date of pronouncement: 29.06.2026 Uploaded on: 30.06.2026 1. Jai Krishan Khar, Age 84 Years, S/o Sh. Sham Lal Khar R/o H. No. 1/15, Pamposh Colony, Janipur, Jammu 2. Surinder Kachroo, Age 72 Years, W/o Sh. Chaman Lal Kachroo, R/o H. No.4, Lane No.6, Nasib Nagar Janipur, Jammu 3. Sanjeev Raina, Age 66 Years, S/o Late Sh. Gopi Nath Raina C/o Sunil Koul, Near Govt. Ration Depot. Sector 2, Durga Nagar, Jammu …. Petitioner(s)/Appellant(s) Through:- Mrs. Monika Kohli, Sr. Advocate with Ms. Nisha Kangotra, Advocate V/s 1. Chairman, Head Office Ellaquie Dehati Bank (now functioning as J&K Grameen Bank), 3rd Floor, Nirmaan Complex, IG road, Barzulla, Srinagar 2. Branch Head Ellaquie Dehati Bank (now functioning as J&K Grameen Bank) Chinore Branch, Jammu. …..Respondent(s) Through:- Mr. Akash Gupta, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 1. Since the learned Senior Counsel for the petitioners has sought urgency in the matter, the case is taken up out of turn. 2. Mr. Akash Gupta, learned counsel appearing for the respondents, submitted that the Civil Court is already seized of the matter, wherein HIGH COURT OF JAMMU & KASHMIR AND LADAKH WP (C) No.1748/2026 the operation of the Trust Deed has been kept in abeyance till the next date of hearing. The petitioners, by way of the present petition, seek directions to the respondents for closure of Account No. 3276040100729674 and the associated fixed deposits, which have been opened pursuant to the said Trust Deed. It is contended that once the Civil Court is seized of the matter, the petitioners cannot invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 3. Learned Senior Counsel for the petitioners fairly conceded that a civil suit is pending before the Trial Court and that the petitioners herein have settled the dispute with the plaintiffs before the Trial Court. It is further submitted that an application seeking modification of the order dated 14.08.2025 has already been filed before the Trial Court. However, since the Trial Court has not yet considered the said application, the petitioners have been left with no efficacious alternative but to approach this, Court. 4. Having heard learned counsel for the parties, it appears that, in the year 2024, the Working Committee of Swami Ram (Shaiva Trika Ashram) opened a bank account with the respondent-bank in the name of the Trust after obtaining the PAN and completing the requisite KYC formalities. Certain amounts were deposited in Account No. 3276040100729674. Subsequently, disputes arose with regard to the management of the Trust, and the respondent-bank sought clarification as to whether the Trust was duly registered. The question HIGH COURT OF JAMMU & KASHMIR AND LADAKH WP (C) No.1748/2026 of registration of the Trust is itself the subject matter of the pending civil suit before the Trial Court. 5. In the aforesaid background, and considering that the petitioners have already approached the Trial Court seeking modification/vacation of the order dated 14.08.2025 and that the parties have allegedly settled their disputes, this Court is of the view that it would be premature to exercise its jurisdiction under Article 226 of the Constitution of India. Once the Civil Court is seized of the matter, any adjudication by this Court on the issues involved may amount to trenching upon the jurisdiction of the Trial Court. When confronted with this view, learned Senior Counsel for the petitioners fairly submitted that if a direction is issued to the Trial Court to decide, expeditiously and within a time-bound period, the ad interim application in the suit titled "K.K. Tutoo & Anr. v. Jai Krishan Khar & Ors.", Civil File No. 246/Civil, instituted on 11.08.2025, concerning the order dated 14.08.2025, the ends of justice would be adequately served. 6. Learned counsel for the respondents expressed no objection to the aforesaid course. He further submitted that the respondent-bank is bound by the directions issued by the Trial Court, which has categorically ordered that the operation of the impugned Trust Deed shall remain in abeyance. Unless the said order is modified or vacated by the Trial Court, the respondent-bank cannot permit the petitioners to operate the bank account. 7. The submissions advanced on behalf of the respondent’s merit acceptance. Accordingly, without expressing any opinion on the HIGH COURT OF JAMMU & KASHMIR AND LADAKH WP (C) No.1748/2026 merits of the case, the present writ petition is disposed of with a direction to the Trial Court that, if the petitioners herein (who are defendants before the Trial Court) have filed any application seeking modification or rectification of the order dated 14.08.2025, the same shall be considered and decided, after hearing all concerned parties, within a period of one month from the date of receipt of a copy of this order. 8. It is further observed that the order dated 14.08.2025 is an ex parte order. Therefore, in terms of Order XXXIX Rule 3A of the Code of Civil Procedure, 1908, the application for injunction shall also be disposed of within the period prescribed under law. 9. The writ petition stands disposed of along with all connected application. (SANJAY PARIHAR) JUDGE JAMMU 29.06.2026 Asif Tantray Whether the order is speaking: Yes Whether the order is reportable: No