Judgment · High Court of Jammu & Kashmir and Ladakh
Case at a glance
Provisions considered
- Code of Civil Procedure, 1908 O. 39 rr. 1, 2
- Constitution of India art. 227
Key paragraphs
- Para 0303. The petition is held to be maintainable and is dismissed accordingly, leaving it open to the petitioner to avail the appropriate remedies. (Sanjay Dhar) Judge SRINAGAR 22.07.2025 Bisma
Judgment
Through: Mr.Shabaz Sikandar, Advocate. …Petitioner(s) UNION TERRITORY OF J AND K TH. CHIEF SECRETARY AND ORS. VERSUS Through: Mr. Shahid Zameer, Advocate for caveators. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 22.07.2025
The petitioner, through the medium of present petition, is challenging the ex-parte interim order dated 24.06.2025 passed by the learned Sub Judge, Chadoora. The impugned order has been passed by the learned trial court in exercise of its powers under Order 39 Rules 1 and 2 CPC. Even though the said order is an ex-parte interim order still then, the same is appealable in nature under Order 43 of the CPC.
It is a trite law that the High Court does not ordinarily exercise its supervisory jurisdiction under Article 227 of the Constitution when a litigant has alternative efficacious remedy available to him/her. In the present case, the petitioner has not only the remedy of approaching the trial court by filing his reply to the application, but he has also the remedy of filing an appeal against the impugned order before the District Judge, Budgam. Without exhausting these remedies, the petitioner has rushed to this Court by filing the present petition.
The petition is held to be maintainable and is dismissed accordingly, leaving it open to the petitioner to avail the appropriate remedies. (Sanjay Dhar) Judge SRINAGAR 22.07.2025 Bisma
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.