S. No. 21 Regular Cause List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM (7040/2024) in CM(M) 425/2024 MOHAMMAD ALTAF DAR …Appellant(s)/Petitioner(s) Through: Mr. Sheikh Mushtaq, Advocate Vs. NAWAZ AHMAD BHAT ...Respondent(s) Through: Mr. Zaffar Mehdi, Advocate CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE ORDER 16.12.2025 Through the medium of this petition filed by the petitioner under Article 227 of the Constitution of India order dated 25.10.2024 passed in the execution petition bearing File No. 426/Execution titled Nawaz Ahmad Bhat vs. Mohammad Altaf Dar pending before the Court of Principal District Judge, Budgam, is sought to be set aside. Petitioner is aggrieved of the order impugned on the ground that the said order has been passed in violation of mandate of law viz Section 51 of the Code of Civil Procedure as also Order 21 Rule 11 A, 37 and 40 of the Code of Civil Procedure, and has been passed during the pendency of the execution petition and has directed the arrest of the petitioner and his lodgment in civil prison till further orders. According to the petitioner the said order is not in accordance with provisions of law and has deprived the petitioner of his personal liberty. Learned counsel appearing for the respondent would submit that he has no objection in case the aforesaid order is set aside and the Trial court is asked to proceed in the matter strictly in accordance with the provisions of law. He submits that decree passed under Order 37 is to be executed and petitioner had 2 CM (7040/2024) in CM(M) 425/2024 failed to satisfy the decree, therefore, he has filed an application seeking execution. In view of the concession given by the learned counsel for the respondent, this petition is allowed and the order dated 25.10.2024 is set aside. The Trial court is directed to execute the decree passed under Order 37 by following the due procedure under law. The decree having been passed on 21.02.2024, therefore, it is expected that the Trial court shall decide it expeditiously preferably within a period of three months which period shall begin from the date a copy of this order is made available to the Trial Court. Both the parties shall cause their appearance before the Executing Court on 26.12.2025. Petition is accordingly disposed of along with the CM. (VINOD CHATTERJI KOUL) JUDGE Srinagar 16.12.2025. “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 18.12.2025 09:46