Ut Of J And K And Ors vs Reyaz Ahmad Qureshi
2025 Latest Caselaw 511 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Ut Of J And K And Ors vs Reyaz Ahmad Qureshi on 1 August, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                   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