Jammu & Kashmir High Court - Srinagar Bench
Mashooq Ahmad Lone vs Mohammad Saleem Ganaie on 30 June, 2022
Author: Sindhu Sharma
Bench: Sindhu Sharma
S. No. 30
Regular Cause List
THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) no. 121/2020
CM no. 6714/2020
Mashooq Ahmad Lone ...Appellant(s)/Petitioner(s)
Through: None
Vs.
Mohammad Saleem Ganaie ...Respondent(s)
Through: Mr. Arif Sikander, Advocate
CORAM:
HON'BLE MS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
30.06.2022 In this petition, the petitioner has assailed order dated 31.12.2019, passed by Principal District Judge, Anantnag in a Suit under Order 37 CPC titled Mohammad Saleem Ganaie versus Mashooq Ahmad Lone, by virtue of which application seeking leave to defend the suit filed by the defendants/respondents herein has been granted subject to condition that he will deposit the cash security of Rs. 30,20,000/- in the shape of Bank guarantee to the extent of Rs. 15,20,000/- and non-banking guarantee to the extent of Rs. 15,00,000/- in the name of court or demand draft within a period of one and a half month.
This Court vide order dated 29.12.2020 had directed the Trial court to proceed with the matter, however, condition of the deposit of cash security of Rs. 30,20,000/- in the shape of bank guarantee and non-bank guarantee in the order dated 31.12.2019 was stayed till next date.
Mr. Arif Sikander appearing on behalf of the respondent submits that this petition has become infructuous as the suit has been finally decided and disposed of vide order dated 13.03.2020. Copy of the judgment is placed on record.
Counsel for the petitioner on 20.04.2021 had sought time to seek instructions as he was informed that decree has been passed. Today there is no representation on behalf of the petitioner.
In view of the aforesaid facts and circumstances, since the suit has been finally decided vide order dated 13.03.2020, this petition has become infructuous and as such is dismissed as having been rendered infructuous.
(SINDHU SHARMA) JUDGE IMTIYAZ UL GANI SRINAGAR 2022.07.05 08:48 I attest to the accuracy and 30.06.2022 integrity of this document "Imtiyaz"