Jammu and Kashmir High Court
CM(M)/115/2026 of GHULAM HUSSAIN ASHRAF Vs BILAL AHMAD BABA on 17 April 2026
No. 121 Suppl Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 115/2026 CM(1957/2026) Ghulam Hassain Ashraf S/O Mohammad Bakir Ashraf R/O Botakadal Srinagar. ...Appellant(s)/Petitioner(s) Through: - Mr. Farooq Ahmad Paul, Advocate. V/s Bilal Ahmad Baba Prop: of Baba
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Serial No. 121 Suppl Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM(M) 115/2026 CM(1957/2026)
Ghulam Hassain Ashraf S/O Mohammad Bakir Ashraf R/O Botakadal Srinagar. ...Appellant(s)/Petitioner(s)
Through: - Mr. Farooq Ahmad Paul, Advocate.
V/s
Bilal Ahmad Baba Prop: of Baba Carpets S/O Ghulam Qadir Baba R/O Pazwalpora, Shalimar, Srinagar. … Respondent(s) Through:-
CORAM:
HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.
(ORDER) 17.04.2026
01. Petitioner, through the medium of this petition invoking the supervisory jurisdiction of this Court vested under Article 227 of the Constitution of India, seeks intervention/indulgence against order dated 23rd of August, 2024 passed by the Court of learned 2nd Additional District Judge, Srinagar as Executing Court in an execution petition titled “Bilal Ahmad Baba vs. Ghulam Hussain Ashraf & Anr.”
02. The learned counsel for the petitioner argued that the petitioner as judgment debtor, has moved an application to the Executing Court under Section 47 of the CPC to seek adjudication of the questions arising out of the alleged ambiguity of judgement and decree passed by the Court, sought
to be enforced in the writ petition and that the Executing Court directed the deposit of the decreed amount without first adjudicating this application.
03. Since there is no order passed on the application so as to be detrimental to the interest of the petitioner herein, the petition seems to be premature and is, as such, dismissed in limine along with pending application(s).
04. The Executing Court, however, is directed to consider the application moved by the petitioner as judgment debtor, before enforcing the decree in question.
(M. A. CHOWDHARY)
JUDGE SRINAGAR April 17th, 2026 “Shoaib javid”