Jammu & Kashmir High Court – Srinagar Bench
Shefali Koul vs Mohammad Rafiq Mir And Ors on 5 April, 2025
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 06
Regular cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
...
EXP No. 01/2025
Shefali Koul
.........Petitioner(s)
Through:
Mr. Syed Faisal Qadri, Sr. Adv. with
Mr. Sikander Hayat, Adv.
Versus
Mohammad Rafiq Mir and Ors.
......Respondent(s)
Through:
Mr. Shabir Ahmad, Adv.
CORAM:
HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
1. This execution petition has been presented before this court by the
Registry in terms of its office note dated 03.02.2025 wherein it is
stated that the High Court of Delhi by its order dated 23.11.2024,
passed in an execution petition titled Ms. Shefali Koul vs. Mohd.
Rafiq Mir & Ors., filed for implementation of the decree dated
09.10.2024 passed in a CS(OS) No. 5692/2021, has observed that
this court has the territorial and pecuniary jurisdiction over the
property against which the execution of the decree had been sought.
Accordingly, in compliance to the directions issued by the Delhi
High Court, its Registry issued a precept and transfer certificate in
favour of the decree holder for execution before this court besides
forwarding a transfer certificate dated 04.01.2025 to the Registry of
this court for follow up action. In the said background the instant
execution petition has been diarized and listed before this court for
consideration.
2. This court in terms of order dated 11.04.2025 issued notice to the
respondents/judgment debtors at the addresses given in the title of
the petition and listed the matter on 24th March, 2025.
3. Learned counsel Mr. Shabir Ahmad, who is under instructions of the
mother of the judgment debtors No. 1 to 4 to state that they are
incarcerated for the last three years pursuant to some criminal cases
while as the judgment debtor No. 5 could not be served due to
insufficient address.
4. I have heard learned counsel for the parties and considered
submission made and perused the material available on the file.
5. It would be profitable to reproduce the property description as given
in the precept as under:
“The movable and immovable properties as mentioned in
prayer clause ‘E’ at sub-clause (a), (b) and (c) of the
petition.
6. The court is satisfied that some immediate interim measures are
required to be taken for securing the decree dated 09.10.2024 passed
in the suit CS (OS) No. 5692/2021. Accordingly, at this stage, relief
sought for in clauses (a) and (c) of the prayer clause is granted in the
following manner:-
i. The judgment debtors are restrained from selling,
transferring, alienating or creating any encumbrance/lien or
3rd party interest in their personal properties.
ii. The Deputy Commissioner, Srinagar shall get the properties
attached, of judgment debtors, as detailed out herein below by
the Executive Magistrate 1st Class (Tehsildar concerned) for
the time being.
“Two (02) houses (Mir House)-Anzimar Khanyar, near
Gundroo Masjid, Khanyar Srinagar falling under Khasra Nos
115 and 116 and the land falling under Khasra No. 2505 comprising
03 Kanals 12 Marlas situated at main Bypass road Charar-i-sharief
road Kashmir.”
iii. The above described properties, after its attachment, shall be
on superdnama with the Tehsildar concerned who shall take
over the same and make a proper inventory in respect of the
belongings thereof for its submission to this court.
iv. The above said arrangement shall remain in operation for a
period of four weeks.
7. List on 07.05.2025.
(MOKSHA KHAJURIA KAZMI)
JUDGE
Srinagar
05.04.2025
Sakeena, PS
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