Jammu & Kashmir High Court - Srinagar Bench
Arif Hameed Ganie & Anr vs Ut Of J&K & Ors on 26 September, 2022
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Sr. No.85
Suppl. List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 2098/2022
CM No.5291/2022
Arif Hameed Ganie & anr. ...PETITIONER(S)
Through: None.
Vs.
UT of J&K & Ors. ....RESPONDENT(S)
Through:
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE (ORDER)(ORAL) 26.09.2022
1) This is a petition seeking a writ of mandamus to the Court of Principal District Judge, Anantnag, for execution of the decree dated 9 th December, 2021 passed in favour of the petitioner. Petitioner also prays for a direction to respondent No.1 to 4, in alternative, to release the payment as decreed along with interest forthwith.
2) Prima facie, the petition appears to be misconceived and not maintainable. However, having regard to the fact that the execution petition is pending before the court below since 2021 and despite several coercive measures taken by the court below, the decree has remained un-implemented, it is imperative to issue requisite direction.
3) Having regard to the facts and circumstances of the case and the pace with which the court below is proceeding, it is necessary to -2- request respondent No.5 to expedite the execution by taking all possible measures as provided under Order 21 of the Code of Civil Procedure and ensure that the fruits of the decree passed in favour of the petitioners are received by them without any further delay. It would be appreciated if the court below concludes the execution proceedings within two months from today.
4) Disposed of.
(Sanjeev Kumar)
Judge
Srinagar;
26.09.2022
"Bhat Altaf, PS"