Jammu and Kashmir High Court
CM(M)/315/2026 of FAYAZ AHMAD RATHER Vs QAZI MANZOOR AHMAD on 15 September 2026
OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(4658/2026) in CM(M) 315/2026 CM(4659/2026). Fayaz Ahmad Rather. …Petitioner(s) Through: None. VERSUS Qazi Manzoor Ahmad. Through: Mr. Naseer-ul- Akbar, Advocate. Mr. Iman Abdul Muizz, Advocate. …Respondent(s) CORAM: HON’BLE
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(4658/2026) in CM(M) 315/2026
CM(4659/2026).
Fayaz Ahmad Rather.
…Petitioner(s)
Through:
None.
VERSUS
Qazi Manzoor Ahmad.
Through:
Mr. Naseer-ul- Akbar, Advocate.
Mr. Iman Abdul Muizz, Advocate.
…Respondent(s)
CORAM:
HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE.
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ORDER
15.09.2026
1. The instant petition has been preferred by the petitioner seeking recall of the warrant issued against him in the execution proceedings initiated under Section 51 of the Code of Civil Procedure, 1908, read with Order XXI Rules 37 to 40 of the Code of Civil Procedure, 1908, by the Executing Court of the learned 3rd Additional District Judge, Srinagar.
2. However, after filing of the instant petition, there was no representation on behalf of the petitioner on 27th of July, 2026; 3rd August, 2026 and 7th August, 2026, when the matter was listed before this Court. Vide order dated 7th August, 2026, it was made clear that in the event of failure on the part of the petitioner to appear, the instant petition would be liable to be dismissed for non-prosecution.
3. Since there is no representation on behalf of the petitioner even today, the instant petition is dismissed for non-prosecution, along with connected CMs.
(M. A. CHOWDHARY)
JUDGE
SRINAGAR 15.09.2026 Bisma Jan. S. No. 01 Regular