Abdul Majid vs Mohd. Tariq
2025 Latest Caselaw 154 J&K

Jammu & Kashmir High Court

Abdul Majid vs Mohd. Tariq on 16 May, 2025

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                 Sr. No. 85
          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU

Case: CM(M) No. 129/2025
      CM No. 2854/2025

Abdul Majid                                         .... Petitioner(s)/Appellant(s)

                            Through:- Mr. Mazhar Ali Khan, Advocate

V/s

Mohd. Tariq                                                    .....Respondent(s)

                            Through:-


CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
                          ORDER

16.05.2025

1. By this petition, petitioner herein has challenged the order dated

05.05.2025, passed by the court of Learned Principal District Judge, Poonch, as

well as execution proceedings in File No. 01/2025 titled as "Mohd. Tariq vs.

Abdul Majid", whereby the learned trial Court has issued recovery warrants

against the petitioner herein through SHO Police Station, Poonch, with respect to

the decretal amount to the tune of ₹19.37,445/- along with interest @ 7% p.a

without taking into consideration the vital fact that the judgment and decree dated

09.10.2024, for which the execution proceedings have been initiated/filed by the

respondents has already been stayed by this Court in Regular First Appeal (RFA)

No. 59/2024 CM No. 6870/2024 titled as "Abdul Majid vs. Mohd. Tariq" vide

order dated 27.11.2024.

2. Learned counsel for the petitioner states that the order dated

27.11.2024, passed by this Court was duly apprised by the petitioner to the learned

trial Court, but the same has not been taken into account and the recovery warrants

have been issued against the petitioner.

3. Issue notice to the respondents.

4. List on 04.08.2025.

5. Meanwhile, subject to objections from the other side and till the next

date of hearing impugned order dated 05.05.2025 execution proceedings shall

remain stayed.

(MOKSHA KHAJURIA KAZMI) JUDGE

Jammu 16.05.2025 AKHILESH