Farooq Ahmad Bhat vs Ghulam Mohammad Mir
2025 Latest Caselaw 1796 J&K/2

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"