Jammu and Kashmir High Court
CM(M)/357/2026 of ABDUL JABAR DAR Vs MOHD ASHRAF LONE AND OTHERS on 7 September 2026
3 Special Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M)/357/2026 Abdul Jabar Dar (Age 73 Years) S/O Ghulam Qadir Dar R/O Bagh-I-Islam Colony Wahipora Tehsil Langate District Kupwara, J & K Appellant(s)/Petitioner(s) Through: Mr. Yavar Ramzan, Advocate. Vs. 1. Mohd
S. No. 3
Special Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M)/357/2026
Abdul Jabar Dar (Age 73 Years)
S/O Ghulam Qadir Dar
R/O Bagh-I-Islam Colony Wahipora
Tehsil Langate
District Kupwara, J & K
Appellant(s)/Petitioner(s)
Through: Mr. Yavar Ramzan, Advocate.
Vs.
1. Mohd Ashraf Lone S/O Abdul Rehman Lone
2. Javaid Ahmad Lone S/O Ali Mohd Lone
3. Bashir Ahmad Bhat S/O Ghulam Ahmad Bhat
4. Zahid Hussain Najar S/O Ghulam Ahmad Najar All residents of Bagh-I-Islam Colony Wahipora Tehsil Langate District Kupwara.
...Respondent(s)
Through:
CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE
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ORDER
07.09.2026
1. Petitioner through the medium of this petition, has invoked the supervisory jurisdiction of this Court, asserting that he had filed a Civil Original Suit for damages and permanent injunction against the respondent before the court of learned Additional District Judge, Handwara and also moved an application seeking interim injunction in the month of May-2026. However, till date, despite many adjournments, the application for the interim relief has not been considered by the court below.
2. A Coordinate Bench of this Court vide order dated 14.08.2026 had directed the trial court to submit a report regarding the status of the aforesaid application. Pursuant to the aforesaid direction, the trial court has filed status report stating therein that the suit has been filed along with
the interim application moved under Order XXXIX Rules 1 & 2 of CPC, and that, Mr. Altaf Ahmad Lone, Advocate had appeared on behalf of the defendants/non-applicants, who sought adjournment for filing objections, however, till now objections have not been filed and the matter was listed lastly on 27.08.2026.
3. Since the petitioner has come out with the prayer that the trial court be directed to consider the application for interim relief, and, in view of the report submitted by the Presiding Officer of the trial court that the matter has been adjourned after its filing in the month of May-2026, awaiting objections from the other side, it will be in the interest of justice that this petition is disposed of at this stage with the direction to the trial court to consider the matter with regard to grant or refusal of the interim relief on its own merits expeditiously preferably within two weeks from receipt of the copy of this order.
4. A copy of this order shall be forwarded to the court below, for compliance.
5. The petition is thus disposed of at this motion stage, in the above terms, along with connected application(s).
;
(MA CHOWDHARY)
JUDGE
SRINAGAR 07.09.2026 “Hilal”