S. No. 48 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 182/2023 Mohammad Raza and Ors. …Appellant/Petitioner(s) Through: Mr. Kacho Manzoor Ali Khan, Advocate (through Virtual Mode) Vs. Mohammad Ibrahim ...Respondent(s) Through: Mr. Z.A Shah, Sr. Advocate with Mr. A. Hanan, Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 06.05.2025 1. Petitioners are aggrieved of order dated 07.08.2023, passed by Principal District Judge, Kargil, (“Executing Court” for short) in execution petition and are seeking setting-aside thereof, precisely, on the ground that it has been passed against a dead person. 2. Briefly stating, the facts of the case are that a suit came to be decided in National Lok Adalat on 06.12.2014. As the award so passed is stated to have not been obeyed, execution proceedings came to be initiated on 10.07.2019, but during its pendency, judgment debtor passed away on 13.12.2021. Information regarding the death, as stated by the learned counsel for the petitioners herein, was brought to the notice of Executing Court and an application as well came to be filed for bringing on record legal heirs of deceased judgment debtor, which is yet to be decided. Instead of deciding that application, Executing Court has proceeded in execution petition by passing the order impugned. 3. Briefly unsatisfied of the order impugned, petitioners would contend that it has been passed against a dead person without deciding application for bringing on record legal representatives of deceased judgment debtor. 4. The instant petition has been filed by the legal heirs of the deceased judgment debtors, who are sought to be substituted in place of the dead person. The Executing Court was required to have first decided the application whereby the legal heirs were sought to be substituted. However, without doing so, the Executing Court has proceeded to execute the Award against a dead person. The order so passed is definitely a bad order and is, as such set-aside. 5. The Executing Court is directed to decide the application for bringing on record legal representatives of deceased judgment debtor within a period of two weeks and after deciding the said application, shall proceed further according to law. 6. Therefore, this petition shall stand disposed of. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 06.05.2025 Shabroz