Jammu and Kashmir High Court

CM(M)/113/2021 of RAFEEQA BANO Vs FAHMEEDA BANO AND ANR. on 6 May 2026

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No. 70 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 113/2021 CM 4857/2021 Rafeeqa Bano W/O Mohammad Shafi Bhat R/O Krehmshore, Khansahib, Budgam …Appellant(s)/Petitioner(s) Through: None Vs. 1. Fahmeeda Bano D/O Mst. Fatima W/O Mohd Akbar Malik 2.

Serial No. 70

Regular Cause list

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CM(M) 113/2021 CM 4857/2021

Rafeeqa Bano

W/O Mohammad Shafi Bhat

R/O Krehmshore, Khansahib, Budgam

…Appellant(s)/Petitioner(s)

Through: None

Vs.

1.

Fahmeeda Bano

D/O Mst. Fatima

W/O Mohd Akbar Malik

2.

Mohammad Akbar Malik

S/O Ali Mohammad Malik

Both residents of Wahdatpora, Budgam

...Respondent(s)

Through: Ms. Mehjabeen, Advocate

CORAM:

HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE.

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ORDER

06.05.2026

1. On mention, the case is taken up out of turn.

2. This petition has been filed by the petitioner seeking quashment of the order dated 31.10.2020, passed by the court of learned Munsiff, Budgam, in a case titled “Rafiqa Bano Vs. Fahmeeds Bano”, as well as the order dated 15.02.2021, passed by the learned Principal District Sessions Judge, Budgam, in the appeal titled “Rafeeqa Bano Vs. Fahmeeds Bano & Anr.”.

3. Pleadings are stated to be complete.

4. Learned counsel for the respondents submits that since the suit, out of which the impugned orders in this petition have arisen, has already been dismissed in default vide order dated 06.12.2021, as such, this petition has become infructuous, as the orders impugned in this petition have merged into the final order.

5. In view of the dismissal of the suit, the present petition has been rendered infructuous and is accordingly disposed of along with connected application(s).

6. Interim direction, if any, shall stand vacated.

(M. A. CHOWDHARY)

JUDGE

SRINAGAR: 06.05.2026 “Adil Ismail”

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