BEFORE THE HON’BLE COURT OF HIGH COURT OF JAMMU AND
KASHMIR AND LADAKH AT SRINAGAR.
Caveat Petition No. _____/2024. In the case of :- Masrat Gull W/O: Farooq Ahmad Lone R/O: Utresoo Najigund Mominabad Tehsil and District Anantnag ( Caveator ) Versus Fayaz Ahmad Tantray S/o Ghulam Rasool Tantray R/o Hiller Kokernag District Anantnag. ( Non-caveators) In the matter of :-Caveat Petition under section 148 of CPC May it please your Honour The caveat petition is submitted as under: 01- That the petitioner is the permanent resident of UT of J&K as such invoke the jurisdiction of this Hon’ble Court through the medium of instant caveat petition. 02- That the caveator and non-caveators herein has succeeded in the 138 NI Act complaint in which honourable court of Ld. Chief Judicial Magistrate Anantnag has been pleased to allow the interim application under section 143-A NI Act and had directed the non-caveator to pay 20% of the cheque amount to the caveator in case file No.53 and also trial court had upon the application of caveator attached the immoveable property of caveator and had also directed the Deputy commissioner Anantnag for making the auction of the said immoveable property vide order dated 04-03-2024 and 14-05-2024 .Copies of the order are annexed herewith for kind perusal of this honourable court and the caveator is having a bonafide apprehension that the non- caveators may file any writ, appeal or petition under section 482 Crpc ,an application/petition or any other proceedings against the caveators before this Hon’ble Court with respect to the orders dated 04- 03-2024 and 14-05-2024. Copies of the order is annexed herewith as Annexure A & B respectively, as such the caveator craves leave of this Hon’ble Court that in case the non-caveators may file any petition or any other proceedings before this Hon’ble Court, the caveator may be given an opportunity of being heard before passing any order or direction in such proceedings through his counsel or in person. In the premises, it is therefore prayed, that this Hon’ble Court may be pleased that the caveator may be afforded an opportunity of being heard before any order or direction is passed in any petition if filed by the non- caveators against the caveator.
Place:-Anantnag Caveator through counsel
Dated:- 25-06-2024 BEFORE THE HON’BLE COURT OF HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR. Caveat Petition No. _____2024. In the case of :- Masrat Gull W/O: Farooq Ahmad Lone R/O: Utresoo Najigund Mominabad Tehsil and District Anantnag. Versus Fayaz Ahmad Tantray S/o Ghulam rasool Tantray R/o Hiller kokernag District Anantnag.
In the matter of:- Affidavit in support of application.
Masrat Gull W/O: Farooq Ahmad Lone R/O: Utresoo Najigund Mominabad,Tehsil and District Anantnag, o hereby solemnly affirm on oath as under:- 1. That contents made in the application are true and correct. 2. That contents made in application shall be adopted herein so as to avoid repetition and for sake of brevity. 3. That nothing material has been concealed therein.
Deponent
Verification:- Verified that above stated contents are true and correct to the best of my knowledge and belief and nothing has been concealed therein.