Jammu & Kashmir High Court - Srinagar Bench
Farooq Ahmad Bhat vs Ghulam Mohammad Mir on 15 October, 2025
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 61
Supplementary Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) 438/2025 CM(6644/2025)
C/W RFA 40/2025 CM(3388/2025)
FAROOQ AHMAD BHAT ...Appellant(s)/Petitioner(s)
Through: Mr. Tariq M. Shah, Advocate
Vs.
GHULAM MOHAMMAD MIR
...Respondent(s)
Through: Mr. B.A Malla, Advocate
CORAM:
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
ORDER
15.10.2025
1. By this petition, petitioner herein has invoked supervisory jurisdiction under Article 227 of the Constitution of India, thereby challenging order dated 23.08.2025, whereby the warrants of arrest have been issued against the petitioner/judgment debtor.
2. Learned counsel for the petitioner states that the warrants have been issued without following procedure as envisaged under Order XXI Code of Civil Procedure.
3. Notice waived by Mr. B.A Malla, learned counsel on behalf of respondent.
4. Learned counsel for the respondent states that the impugned order has not been implemented so far, however, on 30.09.2025, the property of the petitioner has been directed to be attached. It is further stated by the learned counsel for respondent that in terms of order dated 02.06.2025, passed by this Court, execution proceedings were directed to be stayed, subject to furnishing of bank guarantee to the tune of Rs. 58.00 Lakhs, which has not been furnished by the petitioner till date. Resultantly, the Court of learned Principal District Judge, Shopian, was compelled to pass the impugned order dated 23.08.2025.
5. Learned counsel for the respondents seeks and is granted four weeks time for filing reply, with an advance copy to the other side.
6. Meanwhile, Registry is directed to summon the digitized record from the Court of Principal District Judge, Shopian in case titled "Ghulam Mohammad Mir Vs Farooq Ahmad Bhat", by or before next date of hearing.
7. List on 19.11.2025, along with connected matter.
(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR:
15.10.2025 "Adil Ismail"