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2025 DAILYLAW 8547 (JK)

UNION TERRITORY OF J AND K AND ORS. (INDUSTRIES AND COMMERCE) v. REYAZ AHMAD QURESHI

CM(M)/304/2025 · 2025-08-01

Sanjay Dhar

body2025

Judgment text

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Serial No. 107 Supp Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM (M) No. 304/2025 CM No. 4830/2025. UT OF J AND K AND ORS …Petitioner (s) Through: Mr. Waseem Gull, GA. VERSUS REYAZ AHMAD QURESHI. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 01.08.2025 01. The petitioner has challenged the Order dated 22 April 2025, passed by the Executing Court ( Sub-Judge/CJM) Srinagar whereby a direction has been issued to the Judgment Debtors No. 1, 3, and 4 to submit a fresh compliance report within a period of one month. 02. Heard and considered. 03. It appears that, vide Judgment and Decree dated 4th of May 2023, the learned Trial Court had directed Defendants No. 3 and 4 to process the plaintiff's case for the release and disbursement of 100% subsidy amount in respect of all (31) equipments. It appears that when the decree was not complied with by the Judgment Debtors, the Decree Holder filed an Execution petition before the Executing Court. The Judgment Debtors, in response, filed objections to the Execution petition, wherein it was, inter alia, contended that the Decree Holder did not furnish the requisite documents, and, as such, the claim was rejected. 04. In the impugned order, the Executing Court has observed that the Decree Holder has produced all the necessary documents before the court. Consequently, the Court directed the Judgment Debtors to reconsider the case of the Decree Holder afresh. 05. Having regard to the fact that the Executing Court has not passed any order beyond the scope of the decree, nor has it taken any coercive measures against the Judgment Debtors, the present case does not appear to be fit one where this Court should exercise its supervisory powers under Article 227 of the Constitution. The petition as such, is dismissed. 06. However, it is directed that the learned Executing Court shall furnish the documents, as produced by the Decree Holder before it, to the Judgment Debtors, who shall consider the said documents and take a fresh decision in the matter within a period of one month. It is further provided that, until a fresh decision is taken by the Judgment Debtors, within the aforesaid period no coercive measures shall be taken by the Executing Court against the Petitioners/Judgment Debtors. 07. Disposed of. (Sanjay Dhar) Judge SRINAGAR 01.08.2025 Showkat Khan