Jammu and Kashmir High Court

CM(M)/355/2026 of HABIBULLAH SOFI Vs AB. RASHID SOFI AND ANOTHER on 12 August 2026

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OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 355/2026 CM No. (5308/2026) Habibullah Sofi …Applicant(s)/Petitioner(s) Through: Mr. Arif Javid Khan, Advocate VERSUS Ab. Rasheed Sofi And Anr. …Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CM(M) No. 355/2026

CM No. (5308/2026)

Habibullah Sofi

…Applicant(s)/Petitioner(s)

Through: Mr. Arif Javid Khan, Advocate

VERSUS

Ab. Rasheed Sofi And Anr.

…Respondent(s)

Through:

CORAM:

HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE.

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ORDER

12.08.2026

1. This petition is disposed of at this very inception stage whereby the court of learned Sub Judge (Special Mobile Magistrate), Anantnag while ordering restoration of civil suit to its original File No. 55/2026 titled “Habibullah Sofi vs. Ab. Rasheed Sofi & Anr.”, imposed costs of Rs. 12,000/- upon the petitioner as plaintiff.

2. Once the learned Court below was satisfied with a sufficient cause for earning restoration of civil suit to its original number notwithstanding censuring the conduct of the petitioner, the imposition of costs of Rs. 12,000/- is on the higher side as the Sr. No. 164 Supp. 4

costs should have been moderate one considering the fact that suit is in its original state of adjudication.

3. Accordingly, this Court reduces the imposed costs from Rs. 12,000/- to Rs. 2,000/- to be deposited by the petitioner in the Advocates’ Welfare Fund as directed.

4. Disposed of.

(RAHUL BHARTI)

JUDGE

SRINAGAR 12.08.2026 Akhil Dev

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