Jammu and Kashmir High Court
CM(M)/299/2026 of MD TRADING COMPANY Vs MOHAMMAD AZEEM WANI on 5 August 2026
03 Regular Cause List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 299/2026 CM No. 4482/2026 c/w CR No. 93/2026 MD Trading Company …Appellant(s)/Petitioner(s) Through: Mr. Mir Umar, Advocate Vs. Mohammad Azeem Wani ...Respondent(s) Through: Mr. Sajad Ahmad,
S. No. 03
Regular Cause List
IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) No. 299/2026
CM No. 4482/2026 c/w
CR No. 93/2026
MD Trading Company
…Appellant(s)/Petitioner(s)
Through: Mr. Mir Umar, Advocate
Vs.
Mohammad Azeem Wani
...Respondent(s)
Through: Mr. Sajad Ahmad, Advocate
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
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ORDER
05.08.2026
CR No. 93/2026 CM No.510/2026
1. At the very time of institution of this civil revision on 06.02.2026, the civil suit preferred by the respondent against the petitioner herein on File No. 893/2024 before the court of 3rd Additional District Judge, Srinagar for recovery of Rs. 26,50,000/- under Order 37 of the Code of Civil Procedure, 1908 had already been decreed in terms of judgment dated 14.10.2024 and as such, the institution of the present revision petition by the petitioner /judgment debtor to assail an order dated 31.12.2025 passed by the court of 3rd Additional District Judge, Srinagar, rejecting the application made by the petitioner/judgement debtor under Order 37 rule 4 of the Code of Civil Procedure, 1908 was of no purpose and therefore, this Court allows withdrawal of this revision petition.
2. The time spent during the pendency of this petition from 06.02.2026 till passing of this order shall not be counted in period of limitation against the petitioner in the event of a civil first appeal under section 96 of the Code of Civil Procedure, 1908 being preferred by the petitioner against the judgment/decree dated 14.10.2024 of the court of 3rd Additional District Judge, Srinagar in a civil suit on File No. 893/2024.
3. Dismissed as withdrawn along with the connected CM. CM(M) No. 299/2026 CM No. 4482/2026
4. At the very time of institution of this petition on 21.07.2026, the civil suit preferred by the respondent against the petitioner herein on File No. 893/2024 before the court of 3rd Additional District Judge, Srinagar for recovery of Rs. 26,50,000/- under Order 37 of the Code of Civil Procedure, 1908 had already been decreed in terms of judgment dated 14.10.2024 and as such, the institution of the present petition by the petitioner /judgment debtor to assail an order dated 31.12.2025 passed by the court of 3rd Additional District Judge, Srinagar, rejecting the application made by the petitioner/judgement debtor under Order 37 rule 4 of the Code of Civil Procedure, 1908 was of no purpose and therefore, this Court allows to withdraw this revision petition.
5. The time spent during the pendency of this petition from 21.07.2026 till passing of this order shall not be counted in period of limitation against the petitioner in the event of the Civil First Appeal under section 96 of the Code of Civil Procedure, 1908 being preferred by the petitioner against the judgment/decree dated
14.10.2024 of the court of 3rd Additional District Judge, Srinagar in a civil suit on File No. 893/2024.
6. Dismissed as withdrawn along with the connected CM.
(RAHUL BHARTI)
JUDGE Srinagar 05.08.2026 “Imtiyaz”
Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 10.08.2026 12:31