Disposed
Pawan Singh v. Karnail Singh
J&K HCCM(M)/121/2022
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from the order text
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OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM…
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Sr.No. 05
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CM (M) No. 121/2022 CM No. 6147/2022
Pawan Singh
….Petitioner/Appellant(s)
Through :- Mr. Vikas Pankaj Sharma, Advocate
V/s
Karnail Singh
….Respondent(s)
Through :- Mr. Jagpaul Singh, Advocate
Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
04.11.2022
The petitioner has invoked the supervisory jurisdiction of this Court vested by Article 226 of the constitution of India to call in question the interlocutory orders passed by the Learned Munsiff (Judicial Mobile Magistrate), Kathua, (the trial court) on 28.05.2022, 04.06.2022 and 08.07.2022. The impugned orders have been assailed on several counts, however before, we look to the grounds of challenge urged by the learned counsel for the petitioner before this Court, it is necessary to point out that against the orders of the trial court impugned in this petition, the petitioner had invoked the remedy of appeal before the Additional District Judge, Kathua (the Appellate Court). The Appellate Court considered and decided the appeal vide its order dated 21.09.2022 by directing the trial court to dispose of the application for interim relief strictly in terms of order 39 rule 3(A) of the Code of Civil Procedure without any unreasonable delay. This order of the Appellate Court dated 21.09.2022, is not assailed before me. The petitioner has yet again challenged the orders passed by the trial court on 28.05.2022, 04.06.2022 and 08.07.2022 by invoking the supervisory jurisdiction of this Court. Such course, to say the least, is not available to the petitioner. This Court has time and again warned the litigants not to pursue two parallel remedies. However, having regard to the nature of the controversy involved, coupled with the submissions made by the learned counsel at bar, I am
CM (M) No. 121/2022
CM No. 6147/2022
of the view the interest of justice would be sub-served by requesting the trial court to expedite the hearing of the interim application and conclude the arguments by the next date positively.
With the aforesaid observations, this petition is disposed of.
(Sanjeev Kumar) Judge
Jammu: 04.11.2022 Neha-1
Pawan Singh
Karnail Singh
Sanjeev Kumar
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
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