HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No. 168/2026 CM No. 6017/2026 CM No. 5705/2026 Kabir Sabha …..Appellant(s)/Petitioner(s) Through: Mr. Rakesh Chargotra, Sr. Advocate with Mr. Abhishek Verma, Advocate. V/s Surinder Nath Raina .…. Respondent(s) Through: Mr. Kunal Saini, Advocate. Respondent is present in person. CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER (28.09.2026) CM No. 6017/2026 01. The instant application has been filed by the applicant/petitioner for placing on record the annexures annexed with the plaint and written statement in the present petition in terms of order dated 21.08.2026. 02. For the reasons stated in the application coupled with submissions made at Bar, same is allowed and the annexures annexed with plaint and written statement are taken on record, subject to all just exceptions. 03. Application stands ‘disposed of’. CM(M) No. 168/2026 01. Petitioner through the medium of this petition seeks to quash the order dated 23.07.2026 passed by the learned Sub-Judge /Special Mobile Magistrate Jammu in case No. Original Suit OS/839/2025, titled “Kabir Sabha Kabir Temple Vs. Surinder Nath Raina” whereby, the learned Sub- Judge / Special Mobile Magistrate, Jammu had wrongly exercised the S. No. 37 2 jurisdiction under Order 39 Rule 7 of Code of Civil Procedure, 1908 read with Section 151 of Code of Civil Procedure, 1908 by appointing Tehsildar Jammu North as Commissioner for spot inspection without there being any application by either of the parties to the suit. 02. It is stated by the learned senior counsel for the petitioner that impugned order has been passed beyond the jurisdiction of the learned Sub-Judge/ Special Mobile Magistrate, Jammu and is, therefore, required to be set aside. 03. Learned counsel for the respondent has stated at Bar that he has no objection on the setting aside of the impugned order. 04. Since the learned senior counsel for the petitioner has succeeded to the prayer made in the instant petition, the same is allowed. Consequently, the impugned order dated 23.07.2026 passed by the learned Sub-Judge /Special Mobile Magistrate Jammu in case No. Original Suit OS/839/2025, titled “Kabir Sabha Kabir Temple Vs. Surinder Nath Raina” is hereby set aside. 05. The petition stands disposed of accordingly, along with all connected applications, if any. (MOKSHA KHAJURIA KAZMI) JUDGE Jammu 28.09.2026 Renu