Abdul Gani Tantray vs Abdul Rashid Malik
2025 Latest Caselaw 165 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Abdul Gani Tantray vs Abdul Rashid Malik on 14 May, 2025

                                                                                        S. No. 17
                                                                                        Regular Cause List

                                    IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
                                                       AT SRINAGAR

                                                            CM(M) 110/2023

                      ABDUL GANI TANTRAY
                                                                                   ...Appellant(s)/Petitioner(s)
                      Through:       Mr. Aswad R. Attar, Advocate

                                                                    Vs.

                        ABDUL RASHID MALIK
                                                                                ...Respondent(s)
                      Through: Mr. M. Rafiq, Advocate
                      CORAM:
                                 HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE


                                                                ORDER

14.05.2025 Decree under Order 37 CPC has been passed by Trial court, whereby grant leave to defend to defendant/petitioner herein has been refused and recovery of an amount of Rs.4, 25,000/- along with interest @ 7% per annum granted.

Petitioner-defendant, instead of challenging the decree in appeal, has filed this petition under Article 227 of Constitution of India.

On the question being put to counsel for petitioner as to how a decree could be challenged in a petition under Article 227 of Constitution of India, he submits that such a decree can be challenged in a petition under Article 227 of Constitution of India and states that since he is not ready for arguments today, the matter may be listed next week.

The first requirement for challenging a money decree is to deposit the decretal amount. By next date the petitioner shall deposit the 50% of the decretal amount before this Court.

In my view, impugned judgment and decree is appealable one, and an appeal would lie and not a petition under Article 227 of Constitution of India. However, in view of the request made by Mr. Aswad R. Attar, counsel for petitioner, the matter is adjourned.

List on 21.05.2025.

(VINOD CHATTERJI KOUL) JUDGE SRINAGAR 14.05.2025 "Imtiyaz"