Jammu and Kashmir High Court
CM(M)/203/2026 of M/S WHITE HOTEL PROPRIETOR SHAMMEE SALARIA TH. HIS ATTORNEY HOLDER SHUBAN JI RAINA Vs BALDEV RAJ SHARMA on 29 September 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No. 203/2026 CM No. 6876/2026 CAV No. 1962/2026 M/s White Hotel Proprietor Shammee Salaria Th. His Attorney Holder Shuban Ji Raina …..Appellant(s)/Petitioner(s) Through: Mr. Amarvir Manhas, Advocate vs Baldev Raj Sharma .….
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CM(M) No. 203/2026
CM No. 6876/2026
CAV No. 1962/2026
M/s White Hotel Proprietor
Shammee Salaria Th. His Attorney
Holder Shuban Ji Raina
…..Appellant(s)/Petitioner(s)
Through: Mr. Amarvir Manhas, Advocate
vs
Baldev Raj Sharma
.…. Respondent(s)
Through: Mr. Ajay Bakshi, Advocate for Caveator
Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
29.09.2026
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1. Learned counsel for the Caveator has raised an objection with regard to the maintainability of the present petition on the ground that an order passed by the Executing Court under Rule 98 or Rule 100 of Order XXI of CPC is appealable as if it were a decree, therefore, the present petition under Article 227 of the Constitution of India is not maintainable.
2. Faced with the aforesaid objection, learned counsel for the petitioner seeks permission of this Court to withdraw this petition with leave and liberty to file an appeal against the impugned order before the appropriate forum
3. Accordingly, the petition is dismissed as withdrawn with leave and liberty, as prayed for.
(SANJAY DHAR)
JUDGE
Jammu 29.09.2026 Neha-II Serial No. 156 NEHA KUMARI 2026.09.29 17:01 I attest to the accuracy and integrity of this document
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