S. No.58 Suppl List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M)/67/2026 CM/1002/2026 ALI MOHAMMAD LONE AND OTHERS Petitioner(s)… Through: Mr. Syed Sajad Geelani, Adv. Vs. FAYAZ AHMAD SHEIKH AND OTHERS ...Respondent(s) Through: Mr. Iliyas Laway, GA. CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI JUDGE ORDER 03.03.2026 1. Eight petitioners herein joined together and laid a civil suit for mandatory injunction bearing on File No. 1738 of 2025 on 4th December 2025 before the Court of Sub-Judge, Handwara. 2. In their said civil suit, the petitioners named six defendants, led by Commissioner/Secretary to Government, Power Development Department, J&K. 3. The defendant No. 6 in the suit is Fayaz Ahmad Shaikh, the contractor who is stated to have been assigned the work relating to shifting of 11 KV Transmission Line. 4. The Court of Sub-Judge, Handwara by virtue of an ad-interim ex parte injunction order dated 04.12.2025 directed that status quo with respect to subject matter of the suit be maintained by the plaintiffs as well as the defendant No. 6, i.e., Fayaz Ahmad Sheikh-contractor who in the context of the civil suit is nothing but agent of the principals, i.e., the defendants 1 to 5. 5. Thus, under the garb of directing status quo upon an agent, the trial court actually injuncted the defendants 1 to 5 as well. 6. The issuance of order dated 4th December 2025 by the court of learned Sub-Judge, Handwara runs antithetical to the provisions of Section 80 of the Code of Civil Procedure, 1908 which mandates that no court to grant relief in a suit, whether interim or otherwise, except after giving to the Government or a Public Officer as the case may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit. 7. Aggrieved of status quo direction so placed upon him, the defendant No. 6 went in a time barred appeal before the court of Additional District Judge, Handwara who by virtue of order dated 14th February 2026, has kept the order dated 4th December 2025 of Sub Judge, Handwara in abeyance while issuing notice to the respondents in said appeal. 8. The petitioners, as plaintiffs, have rushed to this Court by filing present petition under Article 227 of the Constitution of India. 9. This Court is of the view that the realignment/re-laying of the 11 KV Transmission Line is being taken as if a matter of private claim between the petitioners as plaintiffs and the defendant No. 6-Fayaz Ahmad Shaikh as contractor. 10. This Court finds no illegality committed on the part of the Additional District Judge, Handwara in entertaining the appeal at the instance of the defendant No. 6- Fayaz Ahmad Sheikh. 11. Be that as it may, this Court disposes of this petition by direction unto the trial court of Sub Judge, Handwara to invite written statements from defendants 1 to 5, and if already filed, then to take up the application filed by the petitioners seeking grant of temporary injunction and adjudicate the same on merits keeping in view the facts and circumstances set up in the written statement for the end of the defendants No. 1 to 5. 12. The adjudication of temporary injunction application is to be done within a period of thirty days, by or before 4th April 2026. 13. This court makes it clear that since the defendant No. 6 is an agent of the defendants 1 to 5, as such status quo placed upon him in a manner is status quo placed upon the defendants 1 to 4, and that brings the ongoing project relating to 11 KV Transmission Line to halt. 14. Therefore, this Court sets aside order dated 4th December 2025, leaving it free for the trial court of Sub-Judge, Handwara to deal with the issue whether to grant or not temporary injunction as prayed for by the petitioners on the basis of the written statements submitted from the end of the defendants No. 1 to 5 and as well as the objections to the temporary injunction application. 15. Registrar Judicial, Srinagar, is directed to forward a copy of this order to the court of Sub-Judge, Handwara for notice and compliance. The appeal preferred before the court of Additional District Judge, Handwara shall stand disposed of in the light of adjudication herein made. 16. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR 03.03.2026 Hilal