Jammu and Kashmir High Court
CM(M)/154/2026 of AZAD HUSSAIN ZARGAR Vs MOHAMMAD SALEEM BHAT on 5 May 2026
No. 147 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M)/154/2026 CM/2611/2026 Azad Hussain Zargar (70 Years) S/O Ghulam Mohammad Zargar R/O Khrew, Pampore, Pulwama J&K …Appellant(s)/Petitioner(s) Through: Mr. Asif Ahmad Bhat, Advocate Vs. Mohammad
Serial No. 147
Supplementary Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M)/154/2026 CM/2611/2026
Azad Hussain Zargar (70 Years)
S/O Ghulam Mohammad Zargar
R/O Khrew, Pampore, Pulwama J&K
…Appellant(s)/Petitioner(s)
Through: Mr. Asif Ahmad Bhat, Advocate
Vs.
Mohammad Saleem Bhat
S/O Late Ghulam Nabi Bhat
R/O Alochi Bagh, Srinagar
...Respondent(s)
Through: None
CORAM:
HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE.
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ORDER
05.05.2026
1. Petitioner, through the medium of this petition, invoking supervisory jurisdiction, vested in this Court under Article 227 of the Constitution of India, seeks appropriate orders and direction in the matter, alleging that the petitioner has been detained in civil prison in compliance of the order dated 22nd of April, 2026, passed in Execution Petition titled ‘Mohd. Saleem Bhat Vs. Azad Hussain Zargar’ pending on the files of the Additional District Court, Srinagar [‘Trial Court’].
2. Learned counsel for the petitioner submits that the petitioner has been ordered to be detained, as he had failed to deposit the decretal amount of Rs. 8.00 lac granted vide ex-parte decree by the Trial Court. He further submits that the ex-parte decree is a nullity, in view of the lack of territorial jurisdiction, as such, the petitioner has moved an application under Section 47 of the CPC before the Executing Court which has been posted on 23rd of July, 2026, and the petitioner has been suffering, being in civil imprisonment.
3. Having regard to the pleadings and submissions made at the Bar, this Court is of the considered opinion that no purpose shall be served to keep this petition on board for any further adjudication. However, in the facts and circumstances of the case, the Executing Court is requested to consider the case of the petitioner in terms of the application moved and in case a request is made for preponing the case for hearing, the same be
considered sympathetically having regard to the lodgment of the petitioner in civil imprisonment and his advance age of 70 years.
4. Viewed thus, the present petition is disposed of with liberty to the petitioner to approach the executing court with an application for early hearing of the application moved by him in terms of the Section 47 of CPC, for consideration at an early date in this month only. In the event, the application for early hearing is moved and allowed, the application under Section 47 moved by the petitioner shall be disposed of within a period of seven days thereafter.
5. The present petition is thus, disposed of, on the above terms.
(M. A. CHOWDHARY)
JUDGE
SRINAGAR: 05.05.2026 Misba”