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2026 DAILYLAW 1650 (JK)

CIPLA LIMITED AND ANOTHER v. ADIL GULZAR WAGAY AND OTHERS

CM(M)/232/2026 · 2026-06-25

Mohd Yousuf Wani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No.4 Supplementary list HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 232/2026 CM(3694/2026) CIPLA LIMITED AND ANOTHER …Petitioner(s) Through: Mr. Varut Kr. Gupta, Advocate. Vs. ADIL GULZAR WAGAY AND OTHERS ...Respondent(s) Through: CORAM: HON’BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 25.06.2026 1. Heard the learned counsel for the petitioners in respect of the matter. 2. The short grievance of the petitioners as agitated through the medium of the instant petition filed in terms of the provisions of Article 227 of the Constitution of India, is that they have alongside the formal written statement, filed a separate application for rejection of the suit in terms of provisions of Order 7 Rule 11 CPC, filed against them by the respondents/plaintiffs and pending disposal in the court of learned Civil Judge Senior Division, Sub-Judge (Chief Judicial Magistrate) Anantnag, which has been pending disposal since 27.01.2024 without any adjudication thereof. 3. The learned counsel for the petitioners inter alia submitted that undue delay in disposal of the pending application under Order VII Rule 11 CPC filed by the applicants/defendants/petitioners since the date of its presentation on 27.01.2024 tantamounts to the failure on the part of the learned trial court to exercise the jurisdiction vested in it under law. He submitted that this court having the authority of superintendence over all the subordinate courts, including the trial court has been approached through the medium of the instant petition to seek the speedy disposal of the aforesaid application. 4. Perused the memo of the petition and the copies of documents enclosed with the same as annexures thereto. The aforesaid annexures include the interim orders passed by the learned trial court on the pending suit. It is revealed from the perusal of the aforesaid interim orders that the suit is listed since long for arguments regarding the aforesaid application. 5. In the facts and circumstances of the case and having regard to the relief sought in the petition, this court is of the opinion that the matter can be disposed of even at this threshold stage by directing the learned trial court to hear and decide the aforesaid application of the applicants/defendants/petitioners in accordance with law in an expeditious manner without any further delay and not later than a period of six weeks. 6. It is accordingly ordered. 7. A copy of this order shall be forwarded to the learned trial court for information and compliance. 8. Disposed of. (MOHD YOUSUF WANI) JUDGE SRINAGAR 25.06.2026 “Hilal Ahmad”