Jammu and Kashmir High Court
RSA/18/2026 of MOHAMMAD SUBHAN NAJAR Vs MOHD AKBAR AND OTHERS on 31 August 2026
No. 02 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR RSA No. 18/2026 CM No. 5404/2026 Caveat No. 1158/2026 Mohammad Subhan Najar … Appellant(s) Through: - Mr Gulzar Ahmad Bhat, Advocate. V/s Mohammad Akbar and Ors. … Respondent(s) Through: - Mr Sameer
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Serial No. 02 Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RSA No. 18/2026 CM No. 5404/2026 Caveat No. 1158/2026
Mohammad Subhan Najar … Appellant(s)
Through: - Mr Gulzar Ahmad Bhat, Advocate.
V/s
Mohammad Akbar and Ors. … Respondent(s) Through: - Mr Sameer Hassan, Advocate.
CORAM:
HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.
(ORDER) 31.08.2026
Caveat No. 1158/2026:
01. With the appearance of Mr Sameer Hassan, learned Advocate, on behalf of the Caveators/ Respondents No. 1 and 2, Caveat No. 1158/2026 shall stand discharged, accordingly.
RSA No. 18/2026; CM No. 5404/2026:
02. At the very outset, learned Counsel appearing for Respondents No. 1 and 2 submits that Respondents No. 3, 4, 7 and 11 have died during the pendency of the first appeal, however, despite that, they have been arrayed as Respondents by the Appellant in this Civil Second appeal, as such, the instant appeal is not maintainable against the said Respondents, having been filed against dead persons.
03. Learned Counsel appearing for the Appellant submits that the Appellant be allowed to withdraw this appeal with liberty to file a fresh one, thereby incorporating substantial questions of law, if any, involved and also taking care of the development with regard to death of the aforesaid Respondents in the case. His statement is taken on record.
04. In view of above, the present appeal is allowed to be withdrawn with liberty to the Appellant to file a fresh one, as aforesaid, within a period of two weeks from today, for which purpose the issue of limitation shall not come in the way of the Appellant for the said two weeks only.
05. Dismissed, along with the connected CM.
(M. A. CHOWDHARY)
JUDGE SRINAGAR August 31st, 2026 “TAHIR”
Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document