97 Supp HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 197/2025 CM NO. 3051/2025 Caveat 1121/2025 Ajaz Ahmad Bhat ….. Petitioner (s) Through: Mr. Tariq M Shah, Adv. V/s Mohammad Jaffar Bhat ….. Respondent(s) Through: Mr. Sheikh Imtiyaz Ahmad, Adv. Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 23.05.2025 1. The petitioner, has, while impugning the order dated 07.05.2025, passed by the learned Executing Court, contended that without issuance of show cause notice to him, warrants of arrest have been issued against him. 2. Issue notice to the respondent. 3. Mr. Sheikh Imtiyaz Ahmad, Advocate who is on caveat accepts notice on behalf of the respondent. Caveat is accordingly discharged. 4. Heard and considered. 5. It seems that the learned trial court has, while executing judgment and decree dated 12.12.2023 relating to recovery of money, has vide P a g e | 2 CM(M) No. 197/2025 CM NO. 3051/2025 Caveat 1121/2025 its order dated 07.05.2025 issued warrants of arrest against the petitioner. 6. As per the Order 21 Rule 37 of Code of Civil Procedure, the court instead of issuing warrants of arrest, has to issue notice calling upon the judgment debtor to appear before the court to show cause as to why he should not be committed in the civil prison. But in the instant case, the learned Executing Court has, without issuing any show cause notice in terms of Order 21 Rule 37 of CPC to the petitioner, proceeded to issue warrants of arrest against him. The procedure adopted by the learned executing court is contrary to the law and as such, the impugned order is not sustainable in the eyes of law. 7. For the foregoing reasons, the petition is allowed and the impugned order passed by the executing court is set aside, leaving it open to the executing court to proceed against the petitioner/judgment debtor in accordance with the procedure prescribed under Order 21 Rule 37 of CPC. (Sanjay Dhar) Judge SRINAGAR 23.05.2025 Aasif