Jammu and Kashmir High Court
CM(M)/441/2026 of ANEES GOWHAR KHAN Vs M.HUZAFAH MUSTAFA SHAH on 28 September 2026
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 441/2026 CM(6649/2026) ANEES GOWHAR KHAN ….. Petitioner(s) Through: Mr. Parvaiz Nazir, Advocate. V/s M.HUZAFAH MUSTAFA SHAH ….. Respondent(s) Through: None. Coram: Hon’ble Mr. Justice Rajnesh Oswal, Judge
03
Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) 441/2026 CM(6649/2026)
ANEES GOWHAR KHAN
….. Petitioner(s)
Through:
Mr. Parvaiz Nazir, Advocate.
V/s
M.HUZAFAH MUSTAFA SHAH
….. Respondent(s)
Through:
None.
Coram:
Hon’ble Mr. Justice Rajnesh Oswal, Judge
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ORDER
28.09.2026
1. The petitioner has impugned order dated 05.08.2026 whereby after taking note of the conduct of the petitioner/judgment debtor that he has deliberately attempted to obstruct the execution of the decree by alienating the attached property despite issuance of attachment order, the learned Executing court has issued the warrant of civil imprisonment against the petitioner to be executed by the SHO concerned.
2. The petitioner had earlier impugned judgment and decree dated 01st January 2025 through the medium of Regular First Appeal No. 15/2025 whereby the operation of the judgment and decree was stayed subject to deposit of decretal amount.
3. Learned counsel for the petitioner very fairly submits that the petitioner has not deposited the decretal amount.
4. In view of the above, no interference is warranted and the present petition is dismissed. It is clarified that the learned Executing court shall take note of the maximum period of civil imprisonment as provided under law.
(Rajnesh Oswal)
Judge
SRINAGAR 28.09.2026 Aasif