Jammu and Kashmir High Court

CM(M)/168/2026 of KABIR SABHA TH. KAMAL DASS Vs SURINDER NATH RAINA on 28 September 2026

Cites 0, Cited by 0

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

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead