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2025 DAILYLAW 10699 (JK)

SHEIKH ADIL ASHRAF v. MIAN REYAZ AHMAD AND ANR. (HOME DEPARTMENT)

CM(M)/79/2024 · 2025-12-03

M A Chowdhary

body2025

Judgment text

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Serial No. 30 Regular Cause List HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT SRINAGAR Through Virtual Mode CM(M) 79/2024 CM(1493/2024) CM(1494/2024) CM(6343/2024) Sheikh Adil Ashraf … Appellant(s)/Petitioner(s) Through: - Mr. Talib Hussain, Advocate. V/s Mian Reyaz Ahmad and Anr. … Respondent(s) Through: - Mr. N. A. Beigh, Sr. Advocate with Mr. Irfan Rasool, Advocate. CORAM: HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE. (ORDER) 03.12.2025 1. Petitioner, through the medium of this petition, is invoking the supervisory jurisdiction of this Court vested under Article 227 of the Constitution of India to seek quashment of the execution petition titled “Mian Riyaz Ahmad vs. Sheikh Adil Ashraf” pending before the learned Court of Principal District Judge, Srinagar on various grounds as projected in this petition. 2. The contesting respondent has moved an application (CM No. 6343/2024) for permission to withdraw the execution petition pending before the learned Principal District Judge, Srinagar, which has been impugned in the main petition, with liberty to avail other legal remedy. 3. Learned counsel for the petitioner has not raised any objection to the aforesaid application. 4. In view of above, the application bearing CM No. 6343/2024 is allowed for the reasons assigned therein and execution petition pending before the Principal District Judge, Srinagar titled “Mian Riyaz Ahmad vs. Sheikh Adil Ashraf” is directed to be dismissed as withdrawn, with a right to avail the legal remedy as available under law. 5. Consequently, CM (M) No. 79/2024 is thus rendered infructuous and shall stand disposed of accordingly, along with connected application(s). 6. Interim direction, if any, shall stand revoked. 7. Copy of this order shall be forwarded to the Executing Court for information. (M. A. CHOWDHARY) JUDGE SRINAGAR December 3rd 2025 Shoaib Javid