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2024 Supreme(J&K) 142

WASIM SADIQ NARGAL
Gulshan Kumar, S/o. Late Sh. Kalu Ram – Appellant
Versus
U. T. of Jammu & Kashmir, Through Commissioner/Secretary, Co-operative Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jang Bahadur Singh Jamwal.
For the Respondents: Mr. K.D.S Kotwal, M/s. Parvesh Singh Salaria & Satinder Gupta.

JUDGMENT :

Wasim Sadiq Nargar, J.

1. The petitioner through the medium of the instant petition has called in question the order passed by learned Principal Sessions Judge, Jammu (for short “appellate court”) dated 30.03.2024 by invoking the powers of this court under Article 227 of the Constitution of India; with the further prayer that the order passed by learned Sub Judge (Chief Judicial Magistrate) Jammu dated 02.01.2024 be restored.

FACTUAL MATRIX:

2. Briefly stating the facts in the instant petition are that a civil miscellaneous appeal came to be preferred against the order dated 02.01.2024 passed by learned Sub Judge (CJM), Jammu, whereby and where-under, the status quo has been directed to be maintained with respect to the service status of the petitioner herein (respondent No.1 therein) with the prayer for setting aside the same. The leave application arises out of a civil miscellaneous appeal which has been filed by the respondent no.5 herein against the order dated 02.01.2024 passed by the learned Sub Judge, Jammu, whereby the said court has proceeded to pass orders of status quo as regards functioning of the plaintiff (petitioner herein) as Managing Director of Jammu Te

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