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2025 Supreme(Online)(J&K) 695

HIGH COURT OF JAMMU AND KASHMIR
Sanjay Dhar, J
ASHIQ HUSSAIN & ORS. – Appellant
Versus
MUZAFFAR ALI HAKEEM & ANR. – Respondent


Advocates:
For the Appellants/Petitioners:Mr. G. A. Lone, Advocate, Mr. Mujeeb Andrabi, Advocate
For the Respondents:Mr. M. R. Thakur, Advocate

Table of Content
1. challenge to ex-parte judgment. (Para 1 , 2 , 6)
2. arguments for service irregularity. (Para 8 , 9)
3. court's observations on service. (Para 11 , 12)
4. mandatory nature of service of summons. (Para 14 , 20)
5. final ruling on appeal. (Para 29)

JUDGMENT

1) The appellants, through the medium of present appeal, have challenged order dated 25.03.2024, passed by the learned Principal District Judge, Anantnag, whereby their application filed by under Order IX Rule 13 of the Code of Civil Procedure for setting aside of exparte judgment and decree dated 22.06.2022 passed by the same Court, has been dismissed.

2) It appears that respondent No.1 (hereinafter referred to as “the plaintiff”) had filed a suit for mandatory injunction seeking eviction of the predecessor-in-interest of the appellants and proforma respondent No.2, namely, Mohammad Yousuf Shah (hereinafter referred to as “the defendant) from two shops situated at General Bus Stand, Anantnag. After summons were issued to the defendant, the same were stated to have been served upon him on 30.07.2021. On 20.08.2021, the learned trial court recorded that the summons have been duly served upon the defendant and the case w

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