S. No. 3 Regular List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 21/2025 CM(246/2025) LASSA WANI(SENIOR CITIZEN) …Petitioner(s) Through: Mr. Mohammad Saleem, Advocate. Vs. MOHAMMAD SUBHAN RATHER …Respondent(s) Through: None CORAM: HON’BLE MR JUSTICE SANJAY DHAR, JUDGE O R D E R 13.05.2025 ORAL: 1. The petitioner has challenged the order dated 30-12-2024 passed by the learned Sub-judge Pattan whereby in an execution petition filed by the respondents against the petitioner for execution of decree dated 08-12-2012 read with decree dated 24-05-2014, Assistant Collector/Tehsildar has been directed to execute the decree by handing over the physical possession of land measuring 1 Marla under Khasra No 1823 situated at Tapper to the decree holder after removing the obstruction existing on spot and to submit compliance report. 2. Heard and considered. 3. The ground urged by the learned counsel for the petitioner for impugning the aforesaid order is that the decree sought to be executed has been passed in hot-haste without giving opportunity of hearing to the petitioner. 4. It has been further contended that the petitioner was not heard before passing the impugned order and the learned executing Court has not considered the fact that the petitioner has purchased the suit property. 5. It appears that vide judgment dated 08-12-2012 passed by learned Sub- judge Pattan, the suit filed by the respondents against the petitioner has been decreed and suit property measuring 1 Marla under Survey No 1823 situated at Tapper Tehsil Pattan has been directed to be handed over to the plaintiff/respondent herein. Admittedly, the aforesaid judgment and decree passed by the learned Trial court has not been set aside and the same is still in force.Therefore, the contention of the petitioner that he has not been heard before passing of the decree and judgment dated 08-12-2012 would be of no avail during the execution proceedings. If at all petitioner/judgment debtor was aggrieved of the judgment and decree passed by the trial Court, it was open to him to file an appeal against the said order. In-fact it seems that the appeal filed by the petitioner has been dismissed by the appellate Court, as a result,whereof, the judgment and decree passed by the trial court has attained finality. 6. In the face of aforesaid position, it is not open to the petitioner/judgment debtor to challenge the legality and validity of the judgment and decree passed by the trial court in the execution proceedings or in the present proceedings. 7. The other contention of the petitioner that he has not been heard by executing Court before passing of the impugned order is also without any substance as the impugned order has been passed in presence of the counsels appearing for the parties. 8. Once judgment and decree passed by the trial court has attained finality and an execution petition has been filed before the said court, there is no option left with the executing Court but to proceed & execute the judgment and decree. This is what has been done by the learned executing court while passing the impugned order. 9. For the foregoing reasons, I do not find any merit in the instant petition.The same is dismissed. (SANJAY DHAR) JUDGE SRINAGAR 13.05.2025 “Adil”