AVATAR SINGH AND OTHERS v. JOGINDER KAUR AND OTHERS
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE RAHUL BHARTI
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2025-12-22. AVATAR SINGH AND OTHERS v. JOGINDER KAUR AND OTHERS. Read the judgment and case details on...
Judgment text
Serial No. 04 Regular List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CR No. 49/2025 CM No. 8241/2025 Cav. No. 2946/2025 Avatar Singh & Ors. ….. Appellants Through: Mr. Sachin Gupta, Advocate Vs Joginder Kaur & Ors. . …. Respondent Through: Mr. R. K. Jain, Sr. Advocate with Mr. Param Veer Singh, Advocate for the Caveator CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (22. 12. 2025) Cav. No. 2946/2025 01. With the appearance of learned counsel for the caveator, caveat stands discharged. CR No. 49/2025 01. After arguing for a while, Mr. Sachin Gupta, learned counsel for the petitioners who are defendants No. 3 to 5 in a civil suit preferred by the respondent No. 1, herein- Joginder Kaur before the court of Sub-Judge (Special Mobile Magistrate), Jammu, seeks withdrawal of the present revision petition meant to be maintained against an order dated 15. 12. 2025 in terms whereof the petitioners’ application under Order 7 Rule 11 of the Code of Civil CR No. 49/2025 CM No.
8241/2025 Cav. No. 2946/2025 Procedure, 1908 seeking rejection of the plaint came to be dismissed. 02. The petitioners, as defendants, have agitated the point that the civil court is lacking jurisdiction to entertain the civil suit in view of the bar created by The Commercial Courts Act, 2015. 03. The trial court refused to relieve itself from the civil suit on the plea of the petitioners. 04. Learned counsel for the petitioners seeks withdrawal of the present civil revision petition which is allowed. 05. Accordingly, the present revision petition is, dismissed as withdrawn. 06. The court of Sub-Judge (Special Mobile Magistrate), Jammu is directed to dispose of pending temporary injunction application within a period of thirty (30) days from the date of passing of this Order. 07. A copy of this order be forwarded to the court of Sub-Judge (Special Mobile Magistrate), Jammu by the Registrar Judicial, Jammu for the sake of notice and compliance at the end of the above said court.
(RAHUL BHARTI) JUDGE JAMMU 22. 12. 2025 SUNIL Whether the order is speaking ? : Yes/No Whether the order is reportable ? : Yes/No
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