Extracted from the PDF above. The PDF is authoritative.
20 Supp
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 414/2026 CrlM(961/2026) SYED REYAZ AHMAD ANDRABI
….. Petitioner(s) Through: Mr. M A Peerzada, Adv. V/s MOHAMMAD ASHRAF MIR
….. Respondent(s)
Through:
Coram:
Hon’ble Mr. Justice Sanjay Dhar, Judge
ORDER 01.07.2026
The petitioner through the medium of present petition has challenged
order dated 30.05.2026 passed by the learned Munsiff (Judicial Magistrate 1st Class), Sogam in an execution petition filed by the respondent against the petitioner by invoking jurisdiction of this Court under Section 528 of BNSS.
It appears that the respondent has filed the execution petition against the petitioner before the court of learned Munsiff (Judicial Magistrate 1st Class) Sogam for execution of award dated 11.05.2024 passed by the Lok Adalat in a criminal complaint filed by the respondent against the petitioner.
As per Section 21 of the Legal Service Authorities Act, the award of Lok Adalat is to be treated as decree of civil court. Therefore, the learned executing court while passing impugned order dated 18.02.2026 has exercised the powers of executing court under the Code of Civil Procedure. Such an order cannot be challenged by way of a petition under Section 528 of BNSS. The petition is, therefore, not maintainable and as such the same is dismissed leaving it open to the petitioner to challenge the impugned order passed by the executing court by way of appropriate proceedings.
(Sanjay Dhar)
Judge
SRINAGAR 01.07.2026 Aasif