Jammu & Kashmir High Court
Bilal Ahmed And Ors vs Bashir Ahmed And Anr on 11 April, 2025
S. No. 100
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- CR No. 06/2025
Bilal Ahmed and ors. .....Petitioner(s)
Through: Mr. Amit Gupta, Advocate &
Mr. Sudershan Kumar, Advocate.
Vs
Bashir Ahmed and Anr. ..... Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
(11.04.2025)
01. Petitioners through the medium of instant petition have
called-in-question the order dated 18.03.2025 passed by the learned trial
Court/Executing Court, i.e., Munsiff, Thannamandi in Execution Petition in File
No. 1/Execution titled, “Bashir Ahmed Bhat Vs. Bilal Ahmed and ors.”on the
ground that the learned trial Court is executing the decree beyond what has been
pleaded and ordered with regard to the descriptional schedule of the suit
property.
02. It is a specific case of the petitioners that once, the revenue
authorities have time and again submitted the report that the schedule of the suit
property does not match the shop of the petitioners on spot, then how and under
what circumstances, the Executing Court has passed the order impugned, is not
forthcoming from the record and the order, according, to the learned counsel for
the petitioners, is perverse to that extent.
03. He has further submitted that the Executing Court was under
obligation to consider the report of the Tehsildar, Thannamandi dated
11.07.2024. Thus, the learned trial Court has crossed/transgressed beyond the
pleadings and scope of the execution, which is not permissible under law, as the
Executing Court has exceeded its jurisdiction by interpreting and modifying the
decree in a manner inconsistent with the judgment and pleadings.
2
04. Heard learned counsel for the petitioners at length and perused the
record.
05. Prima-facie, a case for interim indulgence is made out at this stage.
06. Issue notice to the respondents, returnable within one week.
07. List again on 25.04.2025.
08. Meanwhile, subject to objections from the other side and till next
date of hearing before the Bench, the Execution Proceedings before the Court
below, i.e., Munsiff (JMIC) Thannamandi in File No. 1/Execution titled,
“Bashir Ahmed Bhat Vs. Bilal Ahmed and ors.” shall remain stayed.
09. Registry is also directed to summon the scanned record from the
Court of Munsiff Thannamandi by or before next date of hearing.
10. A copy of this order be provided to learned counsel for the
petitioners under the seal and signatures of the Bench Secretary/Secretary of this
Court.
(WASIM SADIQ NARGAL)
JUDGE
JAMMU
11.04.2025
Ram Krishan
Ram Krishan
2025.04.11 19:11
I attest to the accuracy and
integrity of this document