Jammu and Kashmir High Court
CM(M)/434/2026 of FAYAZ AHMAD RESHI AND OTHERS Vs GHULAM RASOOL MIR AND OTHERS on 25 September 2026
No. 47 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(6536/2026) IN CM(M) 434/2026. FAYAZ AHMAD RESHI AND OTHERS. …Petitioner/Appellant(s) Through: Mr. Danish Majid, Adv. VERSUS GHULAM RASOOL MIR AND OTHERS. Through: …Respondent(s) CORAM: HON’BLE MR. JUSTICE
Serial No. 47
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(6536/2026) IN CM(M) 434/2026.
FAYAZ AHMAD RESHI AND OTHERS.
…Petitioner/Appellant(s)
Through:
Mr. Danish Majid, Adv.
VERSUS
GHULAM RASOOL MIR AND OTHERS.
Through:
…Respondent(s)
CORAM:
HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
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ORDER
25.09.2026
1. The petitioners have assailed the order dated 19-09-2026, whereby the court of learned Additional District Judge, Srinagar(for short the trial court), has recalled its earlier order dated 16-09-2026, in terms of which the SSP, Srinagar, and SHO, Police Station Nowgam, were directed to implement the orders dated 18-05-2026, 20-05- 2026, 24-06-2026 and 08-08-2026 in presence of both the parties and report compliance on next date of hearing.
2. The order impugned has been passed on the premise that the Coordinate Bench of this Court, in terms of the order dated 02-09- 2026 has observed that the intervention of the Police shall not be sought in Ex-parte, which shall be prejudicial to the interest of either of the parties.
3. Learned counsel for the petitioners submits that the Coordinate Bench of this Court, in terms of order dated 02-09-2026, had only observed that involvement of the police in the implementation of an Ex-Parte order shall not be impressed upon unnecessarily prejudicial to the interest of either of the parties. He has further submitted that the application filed by the petitioner under Section 151 CPC is still pending before the learned trial court and the matter is posted for tomorrow.
4. In view of above, no fruitful purpose shall be served by retaining the present writ petition on board. Accordingly, this writ petition is disposed of by requesting the learned trial court, to follow the mandate of Order 39 Rule 3 CPC while considering the application for interim relief, and further the learned trial court is requested to dispose of the application filed by the petitioners for implementation of the interim direction issued earlier, in accordance with law, and while doing so, the learned trial court shall not be influenced by the observation made by the learned trial court in its earlier order.
5. Disposed of.
(Rajnesh Oswal)
Judge
SRINAGAR 25.09.2026 Sarvar