Dr. Narinder Dhruv Batra vs Shri Chander Chinar Bada Akhara Udasin … on 18 April, 2026

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    Jammu & Kashmir High Court

    Dr. Narinder Dhruv Batra vs Shri Chander Chinar Bada Akhara Udasin … on 18 April, 2026

    Author: Rahul Bharti

    Bench: Rahul Bharti

                                                  Serial No. 252
                                               Supplementary List-1
    
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU
    
    CM(M) No. 66/2026
    CM No. 2288/2026
    
    Cav. No. 999/2026
    
    Dr. Narinder Dhruv Batra
                                                           .....Petitioner
    
                      Through: Mr. Manik Bhardwaj, Advocate
    
                 Vs
    
    Shri Chander Chinar Bada Akhara Udasin Society & Ors.
    
                                                        .....Respondents
    
                      Through: Mr. Rohit Verma, Advocate for the
                               Caveator
    
    CORAM:    HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                             ORDER
    

    (18.04.2026)

    Cav. No. 999/2026

    SPONSORED

    01. With the appearance of learned counsel for the caveator,

    caveat stands discharged.

    CM(M) No. 66/2026

    02. Heard Mr. Manik Bhardwaj, learned counsel for the

    petitioner.

    03. The petitioner is aggrieved of an adjudication made by the

    court of learned Additional District Judge, Jammu in terms

    of an order dated 02.04.2026 in a civil suit preferred by

    the petitioner whereby the court of learned Additional
    2

    CM(M) No. 66/2026
    CM No. 2288/2026

    District Judge, Jammu has taken on record the written

    statement submitted on behalf of the defendants No. 1 to 6

    overruling the objections of the petitioner that the filing of

    the written statement/s on behalf of the defendants No. 1

    to 6 individual-wise was taking place beyond prescribed

    period of 120 days as mandated under Order 8 Rule 1 of

    the J&K Code of Civil Procedure, 1908.

    04. The petitioner is, thus, invoking the supervisory jurisdiction

    of this Court under article 227 of the Constitution of India

    for examining the legality and validity of the order.

    05. There are some legal aspects which require indulgence of

    this Court for the sake of serving the clarity to the civil

    courts below as this Court is consistently coming across

    with matters of similar nature whereby due service of

    summons in a civil suit is not taking place for the purpose

    of setting the timeline of filing of the written statement into

    action and further in a civil suit against a society and its

    office bearers, the filing of written statement by and on

    behalf of the society is to be done in which manner and by

    whose authority and signature.

    06. Issue notice to the respondents in the main petition and in

    the CM No. 2288/2026 as well.

    07. The respondents No. 1 and 7 are on caveat through Mr.

    Rohit Verma, learned Advocate, who waives notice on their
    3

    CM(M) No. 66/2026
    CM No. 2288/2026

    behalf. He accepts notice on behalf of other respondents

    also and seeks time to file Vakalatnama on their behalf.

    08. Reply/Objections to the application CM No. 2288/2026 be

    filed from the end of the non-applicants/respondents by or

    before next date of hearing.

    09. Send for the scanned record of the civil suit titled “Dr.

    Narinder Dhruv Batra Vs. Shri Chander Chinar Akhara

    Udasin Society Bada & Ors.,” from the court of learned

    Additional District Judge, Jammu for perusal of this Court.

    10. The Registrar Judicial, Jammu to requisition the record

    positively by next date of hearing.

    11. List this case in continuation on 27.04.2026 with a liberty

    to make a mention.

    12. In the meantime and till next date of hearing, the court

    below is requested not to take any effective proceedings on

    the file of the civil suit on the posted date of hearing which

    is falling on 20.04.2026.

    (RAHUL BHARTI)
    JUDGE
    JAMMU
    18.04.2026
    SUNIL



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