Abdul Rehman Malik vs Firdous Ahmad Dar
2026 Latest Caselaw 595 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Abdul Rehman Malik vs Firdous Ahmad Dar on 10 February, 2026

Author: Rahul Bharti

Bench: Rahul Bharti

                                                Serial No.174
                                             SUPPL. CAUSE LIST-I


 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR

                  CM(493/2026) IN RFA 9/2026


Abdul Rehman Malik                                    ...Appellant(s)


Through:    Mr. Mohammad Saleem Mir, Advocate


                                  Vs.


Firdous Ahmad Dar                                     ...Respondent(s)

Through:


CORAM:
        HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                                ORDER

10.02.2026

1. Through filing of present time barred Civil First

Appeal under Section 96 of the Code of Civil

Procedure, 1908 the appellant/applicant aims to

assail a money decree dated 16.07.2025 passed by the

Court of learned 1st Additional District Judge,

Baramulla in a civil suit on File No. 27/N of 2024

instituted by the respondent/plaintiff for recovery of

an amount of Rs. 2, 00,000/- by reference to the

dishonoured cheques.

2. The appellant/applicant refers to the averments

made in the plaint to highlight that the manner in which procurement of the cheques from him had

taken place is ex-facie proving that the same was by

resorting to coercive measures, allegedly by indulgence

of the Police at the instance of the

respondent/plaintiff.

3. For seeking condonation of delay, application CM

No. 493/2026 has been filed.

4. However, before that the appellant/applicant is

seeking exemption from placing on record certified

copy of the judgment and decree, for which purpose

CM No. 494/2026 has been preferred, which has

taken this Court by sheer disbelief that the decree

originally signed by the Judge in its photostat form

has come to be on record of this file which could be

possible only by the fact that the civil clerk of the

concerned Court allowed the access to the person to

have photostat copy of the same.

5. This Court directs the Registrar Vigilance, High

Court of Jammu & Kashmir and Ladakh, to inquire

into the matter as to how come the photostat copy of

the original decree has landed out of the Court file.

6. Copy of this order along with this file be

forwarded by the Registrar Judicial, Srinagar to Registrar Vigilance, High Court of Jammu & Kashmir

and Ladakh, who shall inquire into the matter to find

out the delinquency at the end of the office of the 1 st

Additional District Judge, Baramulla and submit a

report before this Court by or before the next date of

hearing.

7. List again on 27.02.2026.

(RAHUL BHARTI) JUDGE

SRINAGAR:

10.02.2026 "Mir Arif"