Jammu & Kashmir High CourtM/S Simplex Agri Infra Services vs Imran Goni And Another on 28 April, 2023Author:Wasim Sadiq NargalBench:Wasim Sadiq NargalSr. No. 106\n\n     HIGH COURT OF JAMMU & KASHMIR AND LADAKH\n                     AT JAMMU\n                                                          CM(M) No. 71/2023\n\nM/S Simplex Agri Infra Services                     .... Petitioner/Appellant(s)\nPvt. Ltd.\n\n                         Through:-     Mr. Amit Gupta, AAG\n\n                   V/s\n\nImran Goni and another                                       .....Respondent(s)\n\n                         Through:-\n\nCORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE\n                                   ORDERThe petitioner through the medium of the present petition is invoking\n\nsupervisory power of this Court as enshrined underArticle 227of the\n\nConstitution of India and is seeking quashment of order dated 10.04.2023\n\npassed by the court of learned Munsiff Hiranagar in File No. 04/2023, in\n\ncase titled Imran Goni and another Vs. M/S Simplex Agri Infra Services Pvt.\n\nLtd., whereby, SHO Police Station Rajbagh was directed to implement\n\nrestraining order dated 18.09.2022 with respect to Khasra No. 831\n\ncomprising of 19 marlas of land situated at village Tandyari Hiranagar.\n\n   Learned counsel appearing on behalf of the petitioner has vehemently\n\nargued that the learned trial court ought to have appreciated the fact that the\n\npetitioner (defendant therein) had filed a written statement on 02.11.2019\n\nstating the true factual position with respect to the functioning of the FCI\n\ngodown and till date, the learned trial court has not commenced the hearing\n\non the application filed under order XXXIX Rule 1 & 2 and in a way\n\ndeciding the application for implementation of ex parte interim order, which\n\nis an abuse of the process of court.2             CM(M) No. 71/2023Mr. Amit Gupta, learned AAG submits that the learned trial court in a\n\nway has modified its own order and that too on his back without providing\n\nhim opportunity of being heard.Learned counsel further points out that in the year 2019, vide order dated\n\n23.09.2019, the trial court has already ordered for implementing the order\n\ndated 18.09.2019 in its letter and spirit through Incharge Police Station,\n\nRajbagh and even at that stage, there was no occasion for the trial court to\n\nhave issued such directions. By virtue of order impugned and that too at the\n\nback of the petitioner under the garb of implementing the said order, the\n\ninterim order has been modified, which has caused severe prejudice to the\n\nrights of the petitioner and the same is not permissible under law.\n\n   Heard learned counsel for the petitioner at length and perused the record.\n\n   Prima facie case for indulgence is made out.Issue notice to the respondents. Steps for service of the respondents\n\nwithin one week. Subject to petitioner taking steps, Registry to issue notice\n\nto the respondents, returnable within four weeks.\n\n\n   List on 05.06.2023.In the meantime, subject to objections and till next date of hearing, order\n\nimpugned dated 10.04.2023 passed by the court of learned Munsiff,\n\nHiranagar shall remain stayed.(WASIM SADIQ NARGAL)\n                                                             JUDGE\n\n\nJammu\n28.04.2023\nVishal