High Court Jammu High Court

Ajay Gupta And Ors. vs State Through Police Deptt. And … on 9 July, 2007

Jammu High Court
Ajay Gupta And Ors. vs State Through Police Deptt. And … on 9 July, 2007
Equivalent citations: 2007 (2) JKJ 493
Author: J Singh
Bench: J Singh


ORDER

J.P. Singh, J.

1. Learned Senior Counsel appearing in this case submits that because of the vacations in the Civil Courts, the petitioners were disabled to seek urgent relief against the threatened action of respondent Nos. 4 and 5 who had declared to demolish the shops in possession of the petitioners. Learned Counsel submits that this Court may thus exercise its extraordinary civil writ jurisdiction.

2. I do not accept as correct the submissions of learned Counsel for the petitioners that Civil Courts cannot be approached during vacations. It is true that the Civil Courts, are not attending to regular Civil Work, during vacations; their Presiding Officers are, however, attending to other miscellaneous work of civil nature, besides functioning as Criminal Courts.

3. Section 37(2) of the Civil Courts Act protects ‘judicial act’ done by a Civil Court on a day specified as close holiday by providing that the act shall not be invalid by reason only of its having been done on that day. The petitioners, seeking protection of their civil rights may thus approach the Civil Court which, it is stated, is already seized of the civil matter.

4. Learned Counsel for the petitioners, at this stage, seeks to withdraw this writ petition with liberty to approach the Civil Court seized of the civil matter.

5. Dismissed as withdrawn. Petitioners may approach the Civil Court which is already seized of the matter, along with copy of this order.