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2025 DAILYLAW 10839 (JK)

HILAL AHMAD GOUSANI v. NASEEMA SHAH AND ANR.

CM(M)/490/2025 · 2025-11-11

Sanjay Dhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

78 Supp IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 490/2025 CM(7356/2025) HILAL AHMAD GOUSANI ….. Petitioner (s) Through: Mr. S. S Rizvi, Adv. V/s NASEEMA SHAH AND ANR. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 11.11.2025 1. The petitioner through the medium of present petition has challenged order dated 30.09.2025 whereby the warrants have been issued against the petitioner in the execution petition seeking recovery of an amount of Rs. 26,70,666/- 2. Heard learned counsel for the petitioner and perused the record. 3. Learned counsel for the petitioner has submitted that the petitioner has already paid more than Rs. 4.00 lacs to the respondents, therefore it was not open to the learned Family court to pass impugned order against him. Even if it is assumed that the petitioner has paid amount of Rs. 4.00 lacs P a g e | 2 CM(M) 490/2025 CM(7356/2025) to the respondents, still then he is in arrears of more than Rs. 20.00 lacs, as admittedly he has not paid the said amount to the respondents. In these circumstances, there was no option left with the learned Family Court but to issue warrants for recovery of the aforesaid amount. Therefore, there is no illegality or irregularity in the impugned order passed by the learned Family Court, Srinagar. 4. The petition lacks merit and is accordingly dismissed. 5. The petitioner, however, shall be at liberty to approach the learned Family court with a request to liquidate the outstanding amount in easy installments. If such a request is made by the petitioner, the same shall be considered by the learned Family Court in accordance with law. (Sanjay Dhar) Judge SRINAGAR 11.11.2025 Aasif