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Jammu & Kashmir High Court - Srinagar Bench
Mushtaq Ahmad Dar vs Jehlum Service Station Th. Its on 17 February, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No.126
SUPPL. CAUSE LIST-I
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(681/2026) IN RFA 48/2025
Mushtaq Ahmad Dar ...Appellant(s)
Through: Mr. Bilal Ahmad Khan, Advocate
Vs.
Jehlum Service Station Th. Its ...Respondent(s)
Authorized Person
Through:
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
17.02.2026
1. The Court of learned Additional District Judge,
Srinagar by virtue of a judgment dated 30.01.2025
decreed the suit of the respondent by resort to Order
37 of the Code of Civil Procedure, 1908 thereby
granting a decree for recovery of Rs. 4,40,448/- along
with interest @ 18% per annum till its payment.
2. The petitioner, who figured as a defendant in the
suit, defaulted in causing appearance in the case
despite service of summons for appearance and also
failed to seek leave to defend, as a result whereof, the
suit came to be decreed without contest.
3. When the respondent, as a decree holder, came
to put the decree in execution, the petitioner, as
judgment debtor, came to be taken into civil
imprisonment.
4. In that state of civil imprisonment, the petitioner
came up with a time barred civil first appeal under
Section 96 of the Code of Civil Procedure, 1908 read
with Order 41 rule 1 thereof, accompanied with a
condonation of delay application CM No. 4085/2025
seeking condonation of delay of 68 days.
5. This Court, in terms of order dated 11.07.2025,
directed issuance of notice in the condonation of delay
application to the respondent/decree holder,
accompanied with a condition to deposit 50% of the
decretal amount by the applicant/appellant with the
Registrar Judicial of this Court within a period of four
weeks.
6. In the meantime, a direction for release of the
applicant/appellant from the civil imprisonment also
came to be passed which resulted in release of the
appellant/applicant from the civil imprisonment.
7. The appellant/applicant defaulted in timely
deposit of 50% of the decretal amount which led this
Court, in terms of order dated 26.12.2025, to
withdraw stay operating with respect to the execution
petition preferred by the respondent/decree holder
before the Executing Court.
8. The appellant/applicant has now come forward
with another application CM No. 681/2026 seeking
extension of time for depositing 50% of decretal
amount.
9. Time is extended.
10. Let the requisite deposit be made by or before
24.02.2026.
11. CM No. 681/2026 is disposed of.
12. Learned counsel for the applicant/appellant
submits that in the meantime the Executing Court
Srinagar has issued non-bailable warrants against the
appellant/applicant for being taken into custody.
13. The Executing Court is urged by this Court to
keep on hold execution process/ proceedings till next
date of hearing i.e., 24.02.2026 for enabling the
applicant/appellant to make the requisite deposit as
directed above.
14. List again on 24.02.2026.
15. Registrar Judicial, Srinagar is directed to forward
a copy of this order to the Executing Court for the
sake of notice.
(RAHUL BHARTI)
JUDGE
SRINAGAR:
17.02.2026
"Mir Arif"
