03 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(7266/2025) IN CR 8/2024 CM(1215/2024) CM(2028/2024) CM(7267/2025) MUKHTAR AHMAD GANAI ….. Petitioner(s) Through: Mr. Adil Farooq Warsi, Advocate. V/s SHABIR AHMAD BHAT ….. Respondent(s) Through: None. Coram: Hon’ble Mr. Justice Rahul Bharti, Judge ORDER 31.01.2026 1. A civil revision under Section 115 of the Code of Civil Procedure, 1908 came to be preferred by the judgment debtor being aggrieved of an order dated 28.02.2024 passed by the Executing Court of 3rd Additional District Judge, Srinagar in an Execution Petition titled “Shabir Ahmad Bhat Vs. Mukhtar Ahmad Ganai”. 2. In terms of the impugned order dated 28.02.2024, the petitioner, as a judgment debtor, was subjected to civil imprisonment. P a g e | 2 CM(7266/2025) IN CR 8/2024 CM(1215/2024) CM(2028/2024) CM(7267/2025) 3. The petitioner, acting through his wife, came forward with the institution of revision petition on 06.03.2024. The decree under execution before the court of 3rd Additional District Judge, Srinagar was for recovery of Rs. 2,50,700/-. 4. The civil revision, so preferred by the petitioner, came to suffer dismissal for non-prosecution in terms of order dated 05.08.2025, when this Court came to take cognizance of the fact that for the last two dates of hearing, there was no appearance on behalf of learned counsel for the petitioner and the reason for the learned counsel for the petitioner staying absent was to exploit the indulgence of this Court granted in terms of order dated 11.03.2024 when the impugned order was stayed. 5. The petitioner has, now, come forward with a time barred restoration application CM No. 7267/2025, accompanied led by the condonation of delay application CM No. 7266/2025 P a g e | 3 CM(7266/2025) IN CR 8/2024 CM(1215/2024) CM(2028/2024) CM(7267/2025) 6. From a perusal of the averments made in the condonation of delay application, this Court is not convinced that the petitioner was and is acting with bonafides and is just engaged in time gaining exercise to somehow protract the litigation to his advantage expecting as if the decretal liability to suffer eclipse and also to lead decree holder to frustration of abandoning his execution. 7. In view of this, this Court dismiss the condonation of delay application CM No. 7266/2025. The execution petition pending before the Executing Court be taken to its logical end. 8. Copy of this order be forwarded to court of 3rd Additional District Judge, Srinagar for being taken on record in reference to the execution proceedings. (Rahul Bharti) Judge SRINAGAR 31.01.2026 Aasif