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High Court of Jammu and Kashmir · body

2026 DAILYLAW 263 (JK)

JOGINDER SINGH v. ABDUL SALAAM RAINA AND ORS.

CR/54/2025 · 2026-03-03

Rahul Bharti

body2026

Judgment text

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S. No.61 Suppl List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM/1006/2026 IN CR/54/2025 JOGINDER SINGH Petitioner(s)… Through: Ms. Insha Rashid, Adv. Vs. ABDUL SALAAM RAINA AND ORS. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI JUDGE ORDER 03.03.2026 1. Ms. Insha Rashid, Advocate for the petitioner, who figures as defendant No. 20 in a civil suit preferred by the respondents No. 1 and 2, namely Abdul Salam Raina and Javed Ahmad Raina, before the Court of Munsiff (Additional Special Mobile Magistrate), Pahalgam. 2. The petitioner, being defendant No. 20 in said suit, had sought rejection of plaint by recourse to Order VII Rule 11 of the Code of Civil Procedure, 1908. 3. Said plea of the petitioner came to be rejected by virtue of an order dated 28th June 2025, aggrieved whereof, the petitioner has filed the present civil revision petition. 4. Today, Ms. Insha Rashid, learned counsel for the petitioner submits that the petitioner intends to withdraw present revision petition purportedly on account of the fact that the plaintiffs intend to withdraw their civil suit. However, it is submitted that the indulgence granted by this Court in terms of order dated 24th September 2025 is coming in the way of the Court of learned Munsiff (Additional Special Mobile Magistrate), Pahalgam, to accord dismissal to the civil suit as withdrawn. 5. This Court makes it clear to the Court of Munsiff (Additional Special Mobile Magistrate), Pahalgam that in case the plaintiffs are seeking simpliciter withdrawal of the civil suit, then the said withdrawal be allowed and copy of the order of dismissal of the suit as withdrawn be forwarded for being taken on record of this civil revision for enabling the disposal of this revision petition as being rendered infructuous in view of the dismissal of the suit having taken place as withdrawn. 6. A copy of this order be forwarded by the Registrar Judicial, Srinagar, to the Court of Munsiff (Additional Special Mobile Magistrate), Pahalgam. (RAHUL BHARTI) JUDGE SRINAGAR 03.03.2026 Hilal