Disposed

Ghulam Rasool Mir and Others v. Fayaz Ahmad Reshi and Others

J&K HC2 Sept 2026CM(M)/399/2026

Case brief

AI extract

What is this about?

The High Court of Jammu & Kashmir disposed of a petition challenging an ex-parte temporary injunction granted by the trial court without hearing the petitioners. The court directed the trial court to reconsider the matter after hearing parties and cautioned against involving police in implementing such orders unnecessarily.

What did the court decide?

The petition was disposed of; the trial court is directed to consider the matter finally after hearing parties and impresssioned not to involve police in implementing the ex-parte order.

Ghulam Rasool Mir and Others Vs Fayaz Ahmad Reshi and Others — J&K HC (2026) — LawSathi Research

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S. No. 115 Suppl- I

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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CM(M) 399/2026 CM(5861/2026).

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1. Ghulam Rasool Mir, 74 Years

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S/o Ghulam Ahmad Mir R/o Lasjan District Srinagar

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2. Mohammad Altaf Mir, 40 Years

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S/o Ghulam Rasool Mir

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R/o Lasjan District Srinagar

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3. Tariq Ahmad Mir, 37 Years S/o Ghulam Rasool Mir R/o Lasjan, District Srinagar

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4. Arif Mir Age, 35 Years S/o Ghulam Rasool Mir R/o Lasjan, District Srinagar

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5. Riyaz Mir, 34 Years

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S/o Ghulam Rasol Mir

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R/o Lasjan, District Srinagar

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…Petitioner(s)

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Through: Mr. Mir Manzoor, Advocate.

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VERSUS

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1. Fayaz Ahmad Reshi, 38 Years

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S/o Late Abdul Qayoom Reshi

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R/o Lasjan, District Srinagar

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2. Shahnawaz Ahmad Reshi, 35 Years

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S/o Late Abdul Qayoom reshi

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R/o Lasjan, District Srinagar.

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3. Mst. Afeeqa , 62 Years

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1 | P a g e

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W/o Late Abdul Qayoom Reshi R/o Lasjan, District Srinagar.

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4. Kaiser Qayoom, 37 Years

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D/o Late Abdul Qayoom Reshi R/o Lasjan, District Srinagar

Through:

…Respondent(s)

CORAM:

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

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ORDER

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02.09.2026

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The petitioners, through the medium of this petition, seek the setting aside of the order dated 18th of May, 2026, passed by the learned Additional District Judge, Srinagar, in the suit titled “Fayaz Ahmad Reshi & Ors. Vs. Ghulam Rasool Mir & Ors.”, whereby an ex-parte temporary injunction was granted in favor of the respondents, as well as the consequential orders dated 20^th of May, 2026, and 24^th of June, 2026, directing the implementation of the aforestated order through the police.

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Learned counsel for the petitioners submits that the petitioners are aggrieved of the order passed by the trial court granting relief without hearing them as defendants in the case and that the exparte order dated 18^th of May, 2026, was directed to be implemented through the police agency without putting the petitioners to notice, on the applications seeking such implementation.

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Since the petitioners have impugned the ex-parte order dated 18^th of May, 2026, passed by the trial court, and having regard to the submission of the learned counsel that the petitioners/defendants have filed their written statement to the suit as well as objections to the application before the trial court, which have not been heard and stand deferred till the month of October, this Court, in the facts and circumstances of the case, deems it proper to dispose of this petition at this stage.

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Accordingly, this petition is disposed of at this motion stage. The trial court is directed to consider the matter with regard to the interim direction finally after hearing the parties on the merits of the case and is also impressed upon not to involve the police in the implementation of the ex-parte order, unnecessarily, prejudicial to the interests of either of the parties.

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The petitioners shall also be at liberty to seek preponement of the case before the trial court, for early hearing.

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Disposed of alongwith interim application(s).

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SRINAGAR 02.09.2026 Bisma Jan.

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Ghulam Rasool Mir and Others v. Fayaz Ahmad Reshi and Others

Case brief

What is this about?

What did the court decide?

Ghulam Rasool Mir and Others v. Fayaz Ahmad Reshi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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