Disposed

Fayaz Ahmad MAlIK and Others v. Mohammad Lateef Ganie and Another

J&K HC1 Sept 2026CM(M)/325/2026

Case brief

AI extract

What is this about?

High Court disposal of two clubbed civil revisions against an ex-parte order on status quo in a suit regarding a Fruit Dealers Association. The Court noted lack of substantive law on ouster of civil jurisdiction and directed the Trial Court to consider interim injunction and jurisdiction issues expeditiously within two weeks.

What did the court decide?

Directed the Trial Court to consider the issue of interim injunction and jurisdiction regarding the affairs of the Fruit Dealers Association and decide the matter within two weeks.

Fayaz Ahmad MAlIK and Others Vs Mohammad Lateef Ganie and… — Cooperative Societies | J&K HC (2026)

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Serial No. 01 Regular Cause List

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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CM (M) No. 325/2026 CM No. 4790/2026 CM No. 5644/2026

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1. Fayaz Ahmad Malik, Age: 62 Years S/O Mohammad Subhan Malik

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R/O Achabal, Sopore, District Baramulla

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President, Kashmir Valley Fruit Growers and Dealers Association,

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Fruit Mandi, Sopore.

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Manzoor Ahmad Bhat, Age: 55 Years S/O Sonaullah Bhat

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R/O Krankshivan Sopore, District Baramulla

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Vice-President, Kashmir Valley Fruit Growers and Dealers Association, Fruit Mandi, Sopore.

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Zahoor Ahmad Tantray, Age: 60 Years S/O Ghulam Ahmad Tantray R/O Brath, Sopore, District Baramulla General Secretary, Kashmir Valley Fruit Growers and Dealers Association, Fruit Mandi, Sopore.

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Ghulam Mohi-ud-Din War, Age: 56 Years S/O Ali Mohammad War

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R/O Nadihal, Rohama-Rafiabad, District Baramulla Chairman Affairs,

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Kashmir Valley Fruit Growers and Dealers Association,

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Fruit Mandi, Sopore.

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Javid Ahmad Naikoo, Age: 61 Years S/O Mohammad Akbar Naikoo R/O Seelu, Sopore, District Baramulla Trade Chairman, Kashmir Valley Fruit Growers and Dealers Association, Fruit Mandi, Sopore.

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Showkat Ahmad Malik, Age: 55 Years S/O Abdul Ahad Malik R/O Saripora, District Baramulla Trade Chairman, Kashmir Valley Fruit Growers and Dealers Association, Fruit Mandi, Sopore.

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Mushtaq Ahmad Palla, Age: 59 Years S/O Noor Mohammad Palla R/O Dangerpora, District Baramulla

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CM (M) No. 325/2026 CM Nos. 4790/2026 & 5644/2026

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Page 2 of 4

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Secretary Publicity, Kashmir Valley Fruit Growers and Dealers Association, Fruit Mandi, Sopore.

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Mohammad Ashraf Parray, Age: 51 Years S/O Abdul Jabbar Parray R/O Nowpora Kalan, Sopore, District Baramulla Secretary Affairs, Kashmir Valley Fruit Growers and Dealers Association, Fruit Mandi, Sopore.

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… Petitioner(s)

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Through: -

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Mr Gulzar Ahmad Bhat, Advocate. V/s

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1. Mohammad Lateef Ganie S/O Mohammad Akbar Ganie

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R/O Dangerpora, Sopore, District Baramulla Prop.: M/S Shan Apple, Shud No., Fud No., Fruit Mandi (Registration No. 334).

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Mohammad Akbar Dar S/O Khazir Mohammad Dar R/O Dangerpora Sopore, District Baramulla Prop: M/S Greenland Shud No., Fud No., Fruit Mandi Sopore (Registration No. 17)

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… Respondent(s)

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CORAM:

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HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE. (ORDER)

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01.09.2026

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CM No. 5644/2026:

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This is an application filed by the Applicants/ Petitioners pursuant to Order dated 31^st of July, 2026, seeking permission of this Court for placing on record the accompanying documents, including the certificate of registration pertaining to the Kashmir Fruit Growers and Dealers Association, Sopore, Kashmir.

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For the reasons stated in the application coupled with submissions made at the Bar, the application is allowed and the documents annexed therewith are taken on record.

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CM is, thus, disposed of on the above terms.

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CM (M) No. 325/2026; CM No. 4790/2026:

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04. Heard learned Counsel appearing for the Petitioners.

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CM (M) No. 325/2026 CM Nos. 4790/2026 & 5644/2026

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Page 3 of 4

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The Petitioners, through the medium of this Petition, have pleaded that the Respondents had filed a Civil Suit against the Petitioners with regard to the affairs of the Sopore Fruit Mandi seeking declaration, mandatory/ permanent injunction and rendition of accounts, before the Court of learned Civil Judge, Junior Division, Sopore, asserting therein that the Civil Court had no jurisdiction to try the Suit as the jurisdiction was expressly ousted under the provisions of the Jammu & Kashmir SelfReliant Cooperative Societies Act, 1999, Jammu & Kashmir Cooperative Societies Act, 1989 and Arbitration Act. It is further stated that the Trial Court, vide ex-parte Order dated 13^th of May, 2026, had directed the parties to maintain status quo with respect to the affairs, records and assets of the Fruit Dealers Association.

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Thereafter, on an application moved by the Plaintiffs/ Respondents herein, the Trial Court, vide Order dated 11^th of June, 2026, clarified that the said Order was intended to preserve the existing state of affairs pertaining to the affairs, records and assets of the Association as obtaining on the date of passing of the order, So that the subject matter of the Suit remains protected during the pendency of the proceedings, with further clarification that the parties shall remain bound by the aforesaid direction and shall ensure that the affairs, records and assets of the Association are not altered in a manner inconsistent with the Order dated 13^th of May, 2026. The subsequent Order dated 11^th of June, 2026 was also passed in ex-parte .

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Learned Counsel appearing for the Petitioners has vehemently argued that the Trial Court has no jurisdiction in the matter to try the Suit, however, on a consistent query with regard to any provision of law under which the Suit is not maintainable, the learned Counsel for the Petitioners has not been able to substantiate the same.

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From the perusal of the pleadings available on record, it appears that the Written Statement and Preliminary Objections are stated to have been filed by the Petitioners as Defendants before the Court below, therefore, it will be in the interests of justice that the Trial Court is directed

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CM (M) No. 325/2026 CM Nos. 4790/2026 & 5644/2026

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Page 4 of 4

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to consider the matter regarding interim injunction in the light of the said Objections filed by the Petitioners herein as Defendants before the Trial Court, in particular the question of jurisdiction raised by the Petitioners so that a comprehensive view is taken in the matter by the Trial Court.

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Viewed thus, the instant Petition is disposed of at this motion stage with a direction to the Trial Court to consider the issue of interim injunction operating against the Petitioners herein with regard to the affairs of the Association, keeping in view the fact that the controversy involved is relating to the affairs of the Fruit Dealers Association, which is presently very important due to the ongoing fruit season. The Trial Court is requested to fast-track the hearing of this case and shall take up the case on a motion to be laid by the Petitioners herein for an early hearing, if the date is longer in the case, and shall consider the matter with regard to interim injunction having regard to the jurisdiction of the Court at the first instance. The Trial Court is also impressed upon to decide the matter with regard to interim injunction expeditiously, preferably within two weeks from the date a copy of this Order is received.

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Registry to forwarded a copy of this Order to the Trial Court, for information and compliance.

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Petition is, thus, disposed of on the above terms, along with the connected CM.

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(M. A. CHOWDHARY) JUDGE

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SRINAGAR

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September 1^st , 2026

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“TAHIR”

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Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document

Fayaz Ahmad MAlIK and Others v. Mohammad Lateef Ganie and Another

Case brief

What is this about?

What did the court decide?

Fayaz Ahmad MAlIK and Others v. Mohammad Lateef Ganie and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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