Md Trading Company v. Mohammad Azeem Wani

ORDER

05.08.2026

CR No. 93/2026 CM No.510/2026

¶1At the very time of institution of this civil revision on 06.02.2026, the civil suit preferred by the respondent against the petitioner herein on File No. 893/2024 before the court of 3rd Additional District Judge, Srinagar for recovery of Rs. 26,50,000/- under Order 37 of the Code of Civil Procedure, 1908 had already been decreed in terms of judgment dated 14.10.2024 and as such, the institution of the present revision petition by the petitioner /judgment debtor to

assail an order dated 31.12.2025 passed by the court of 3rd Additional District Judge, Srinagar, rejecting the application made by the petitioner/judgement debtor under Order 37 rule 4 of the Code of Civil Procedure, 1908 was of no purpose and therefore, this Court allows withdrawal of this revision petition.

¶2The time spent during the pendency of this petition from 06.02.2026 till passing of this order shall not be counted in period of limitation against the petitioner in the event of a civil first appeal under section 96 of the Code of Civil Procedure, 1908 being preferred by the petitioner against the judgment/decree dated

14.10.2024 of the court of 3rd Additional District Judge, Srinagar in a civil suit on File No. 893/2024.

¶3Dismissed as withdrawn along with connected CM. CM(M) No. 299/2026 CM No. 4482/2026

¶4At the very time of institution of this petition on

21.07.2026, the civil suit preferred by the

respondent against the petitioner herein on File No. 893/2024 before the court of 3rd Additional District Judge, Srinagar for recovery of Rs. 26,50,000/- under Order 37 of the Code of Civil Procedure, 1908 had already been decreed in terms of judgment dated 14.10.2024 and as such, the institution of the present petition by the petitioner /judgment debtor to assail an order dated 31.12.2025 passed by the court of 3rd Additional District Judge, Srinagar, rejecting application made by petitioner/judgement debtor under Order 37 rule 4 of the Code of Civil Procedure, 1908 was of no purpose and therefore, this Court allows to withdraw this revision petition.

¶5The time spent during the pendency of this petition from 21.07.2026 till passing of this order shall not be counted in period of limitation against the petitioner in the event of the Civil First Appeal under section 96 of the Code of Civil Procedure, 1908 being preferred by the petitioner against the judgment/decree dated

14.10.2024 of the court of 3rd Additional District Judge, Srinagar in a civil suit on File No. 893/2024.

¶6Dismissed as withdrawn along with connected CM.

(RAHUL BHARTI)

JUDGE Srinagar

05.08.2026 "Imtiyaz"

Imtiyaz Ul Gani authenticity of this document

S. No. 03 Regular Cause List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 299/2026 CM No. 4482/2026 c/w CR No. 93/2026 MD Trading Company …Appellant(s)/Petitioner(s) Through: Mr. Mir Umar, Advocate Vs. Mohammad Azeem Wani ...Respondent(s) Through: Mr. Sajad Ahmad, Advocate CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE