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2026 Supreme(Online)(J&K) 348

HIGH COURT OF JAMMU AND KASHMIR
GHULAM MOHI UD DIN BHAT AND OTHERS – Appellant
Versus
GHULAM AHMAD GANIE AND OTHERS – Respondent


Serial No. 71 Regular List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 108/2026 CM No. 1764/2026 Caveat No. 0418/2026 Ghulam Mohi ud Din Bhat and Ors. …Petitioner(s)

Through: Mr. Jehangir Rehbar, Advocate Vs.

Ghulam Ahmad Ganie and Ors. ...Respondent(s)

Through: Mr. Aswad R. Attar, Adv.

CORAM:

HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.

ORDER

10.04.2026

01. Caveat stands discharged.

02. It has been brought to the notice of this Court by learned counsel for the petitioners that in spite of the fact that petitioners have filed a caveat petition under Section 148-A of the Code of Civil Procedure before the court of learned Principal District Judge, Anantnag, [“trial court”] on 20th June, 2025, which was registered and accepted by the learned trial court on the same date, yet the learned trial court has recorded a finding that the caveat petition was not filed prior to the filing of suit, giving no right to the caveator to argue the matter at the time of granting interim relief to the petitioner herein and plaintiff therein. Feeling aggrieved of the same, the petitioners have filed an appeal before the court of Additional District Judge, Anantnag, [“appellate court] agai

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