Jammu and Kashmir High Court

CM(M)/114/2026 of NASEER AHMAD DAR Vs PARVAIZ AHMAD MIR on 20 April 2026

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No. 10 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 114/2026 CM(1826/2026) Caveat 687/2026 NASEER AHMAD DAR …Appellant(s)/Petitioner(s) Through: None Vs. PARVAIZ AHMAD MIR ...Respondent(s) Through: Ms. Sabreena Bashir, Advocate CORAM: HON’BLE MR.

Serial No. 10

Regular Cause list

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CM(M) 114/2026 CM(1826/2026)

Caveat 687/2026

NASEER AHMAD DAR

…Appellant(s)/Petitioner(s)

Through:

None

Vs.

PARVAIZ AHMAD MIR

...Respondent(s)

Through: Ms. Sabreena Bashir, Advocate

CORAM:

HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE.

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ORDER

20.04.2026

1. Petitioner, through the medium of this petition, invoking supervisory jurisdiction vested under Article 227 of the Constitution of India, seeking to set aside the order dated 03.04.2026, passed by Court of learned Additional District Judge, Sopore, and order dated 11.03.2026, passed by learned Sub-judge Sopore/ Chief Judicial Magistrate, Sopore, whereby, in an Execution Petition No. 172/Ex, the petitioner was ordered to be detained in civil prison for a period not exceeding three months under Order XXI Rule 41(3) of the Code of Civil Procedure, 1908.

2. Learned counsel for the respondent had submitted on the previous date of hearing that the impugned order has already been enforced, as the judgment debtor has deposited whole of the amount of Rs. 2,00,000/-, and as a result released from custody.

3. Vide order dated, 15.04.2026, learned counsel for the petitioner was directed to report instructions. However, neither learned counsel for the petitioner is present today, nor have any instructions been reported.

4. Learned counsel for the respondent has produced a copy of the order dated 09.04.2026, passed by Court of learned Sub-Judge, Sopore, whereby, besides payment of Rs. 40,000/- earlier, an amount of Rs. 1,60,000/- in the form of CDR pledged to Sub-Judge, Sopore in any branch of Jammu and Kashmir Bank has been filed before the Court below. Copy of the order dated 09.04.2026 is taken on record.

5. In view of the submission made by learned counsel for the respondent and considering the present facts and circumstances, this petition has been rendered infructuous, as such, no further proceedings are required in the instant matter.

6. Accordingly, the present petition is disposed of, in limini, having been rendered infructuous, along with application(s).

(M. A. CHOWDHARY)

JUDGE

SRINAGAR: 20.04.2026 “Adil Ismail”

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