Jammu and Kashmir High Court
CM(M)/127/2024 of ABDUL RASHID BHAT Vs GHULAM RASOOL WANI on 25 September 2026
No. 15. Regular Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR ******* CM(M) 127/2024 CM(2303/2024). ABDUL RASHID BHAT. …Petitioner (s) Through: Mr. Younis Ahad, Advocate. VERSUS GHULAM RASOOL WANI. Through: None. …Respondent(s) CORAM: HON’BLE MR. JUSTICE
Serial No. 15.
Regular Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
*******
CM(M) 127/2024
CM(2303/2024).
ABDUL RASHID BHAT.
…Petitioner (s)
Through:
Mr. Younis Ahad, Advocate.
VERSUS
GHULAM RASOOL WANI.
Through:
None.
…Respondent(s)
CORAM:
HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
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ORDER
25-09-2026
01. The respondent had filed an application for withdrawal of the suit preferred by him before the learned trial court, asserting that he had entered into a compromise with the petitioner, and on that basis, the suit was dismissed as withdrawn in terms of order dated 8th of July, 2023.
02. The petitioner has impugned the order dated 8th of July, 2023 on the ground that he had preferred an application under Order XXXIX Rule 2-A of the CPC along with the withdrawal of the suit. The said application has also been dismissed.
03. None has caused appearance on behalf of the respondent today.
04. A perusal of the order impugned dated 8th of July, 2023 reveals that no leave has been granted to the respondent to file a fresh suit. The only contention raised by learned counsel for the respondent is that the petitioner
had filed an application under Order XXXIX Rule 2-A of the CPC for initiating contempt proceedings against the respondent, alleging that by taking advantage of the status quo order, the respondent, under the garb of the interim order secured by him, dispossessed the petitioner from the suit property.
05. This Court is of the considered view that, notwithstanding the withdrawal of the suit preferred by the respondent, the contempt proceedings can continue. Otherwise also, no order has been placed before this Court to demonstrate that the application preferred by the petitioner for initiating contempt proceedings has been dismissed by the learned Trial Court.
06. In view of the above, the present petition is disposed of by permitting the petitioner to lay appropriate motion before the learned Trial Court for continuing the proceedings in the application preferred by him under Order XXXIX Rule 2-A of the CPC. Needless to say, the learned Trial Court shall consider the application filed by the petitioner in accordance with law, after affording due opportunity of hearing to the respondent.
(Rajnesh Oswal)
Judge
SRINAGAR 25-09-2026 Showkat Khan