Disposed

M/S Ech Emm Photo Colours Pvt. Ltd. Th Narinder Singh and Another v. Kiran Wazir and Others

J&K HC15 Dec 2025CM(M)/329/2025

Case brief

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What is this about?

Petitioners challenged the trial court order closing their evidence after 131 adjournments in a suit pending since 2004. Respondents had no objection to allowing production of the Nazir of the Rent Controller's court along with rent records. The High Court disposed of the petition, permitting the witnesses and records to be produced within two weeks.

What the court decided

AI extract

M/S Ech Emm Photo Colours Pvt. Ltd. Th Narinder Singh and… — Property and Title | J&K HC (2025)

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Sr. No. 153

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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CM (M) No. 329/2025

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Pronounced on : 15.12.2025 Uploaded on : 16.12.2025

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1. M/S ECH EMM Photo Colours Pvt. Ltd., through Narinder Singh, Aged 72 years, S/o Sh. Santokh Singh, R/o Flat No. 10, Block-B, Sampark Society, Channi Rama, Jammu.

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.....Applicant(s)/Petitioner(s)

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2. Narinder Singh, Aged 72 years, S/o Sh. Santokh Singh, Director, M/S ECH EMM Photo Colours Pvt. Ltd., Flat No. 10, Block-B, Sampark Society, Channi Rama, Jammu.

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Through :- Mr. S S Ahmed, Advocate with
Mr. Rahul Raina, Advocate
v/s

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1. Kiran Wazir .....Respondent(s) W/o Sh. Abhay Singh Wazir

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2. Amar Singh Wazir 3. Udhay Singh Wazir Both sons of Wazir Abhay Singh All residents of Wazir House Panjtirthi, Jammu.

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Through :- Mr. Ashish Sharma, Advocate

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CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

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ORDER (ORAL) 15.12.2025

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1. By this petition, petitioners have challenged the order dated 04.12.2025 passed by the learned 1^st Civil Subordinate Judge, Jammu in a civil suit titled “ Kiran Wazir & Ors. Vs. M/S ECH EMM Photo Colours Pvt. Ltd. & Anr .” read with order dated 06.12.2025 passed by the learned Sub-Judge (Municipal

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CM (M) No. 329/2025

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Magistrate), Jammu, to the extent the evidence of petitioners has been directed to be closed.

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2. It is stated by learned counsel for the petitioners that despite filing a formal application for summoning the witnesses including concerned Nazir of the Court of learned Rent Controller, Chief Judicial Magistrate, Jammu along with the record of the rent, the same has been rejected vide the order/s impugned.

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3. Learned counsel for the respondents has drawn the attention of this Court to the impugned order dated 04.12.2025, wherein at Para 2, the following observation has been made:

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“Perusal of the record reveals that the opportunity of evidence with respect to defendant started from 31.03.2016 till today approximately 131 opportunities have been availed by the defendant and only 03 witnesses have been examined till date. The act and conduct of the defendant/applicant in causing delay is very much clear as when the two witnesses namely Malkeet Singh and R C Sharma appeared, no counsel for the defendant was available to examine the witnesses”.

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It is further stated by learned counsel for the respondents that the matter is pending before the trial Court since 2004, the petitioners have only tried to delay the proceeding on one pretext or the other. However, he is under instructions to state that respondents have no objection if the instant petition is allowed with a direction to learned Sub-Judge (Municipal Magistrate), Jammu to allow the petitioners to produce the concerned Nazir of the Court of Rent Controller, Chief Judicial Magistrate, Jammu along with the record of the rent so far deposited by the petitioners with him, in terms of

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3 CM (M) No. 329/2025

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the application preferred by the petitioners, within a stipulated period of time.

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5. Be that as it may, in view of the statement made hereinabove by learned counsel for the respondents, the instant petition is disposed of, at its threshold, with a direction to learned Sub-Judge (Municipal Magistrate), Jammu to allow the petitioners to summon/produce the concerned Nazir of the Court of Rent Controller, Chief Judicial Magistrate, Jammu, along with the record of the rent so far deposited by the petitioners, within a period of two weeks from the date of passing of this order.

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(Moksha Khajuria Kazmi)
Judge
JAMMU
15.12.2025
Manan
Whether the order is speaking : Yes
Whether the order is reportable : No

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Manan Mahajan 2025.12.16 01:33 I attest to the accuracy and integrity of this document

M/S Ech Emm Photo Colours Pvt. Ltd. Th Narinder Singh and Another v. Kiran Wazir and Others

Case brief

What is this about?

What the court decided

M/S Ech Emm Photo Colours Pvt. Ltd. Th Narinder Singh and Another v. Kiran Wazir and Others

Case brief

What is this about?

What the court decided

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