Jammu and Kashmir High Court
TrP (C)/15/2025 of ABDUL AHAD WANI Vs SHABIR AHMAD BHAT on 2 April 2026
REGULAR CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM No. 5949/2025 In TrP(C) No. 15/2025 Abdul Ahad Wani …Petitioner(s) Through: Mr. Showkat Hussain Khan Vs. Shabir Ahmad Bhat ...Respondent(s) Through: Mr. Irfan Akbar, Advocate CORAM: HON’BLE MR.
Serial No. 12
REGULAR CAUSE LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM No. 5949/2025 In
TrP(C) No. 15/2025
Abdul Ahad Wani
…Petitioner(s)
Through:
Mr. Showkat Hussain Khan
Vs.
Shabir Ahmad Bhat
...Respondent(s)
Through:
Mr. Irfan Akbar, Advocate
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
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ORDER
02.04.2026
1. The fate of this transfer petition gets interlinked with the pending petition CM No. 835/2025 which has been preferred by the petitioner who is a judgment debtor in terms of a judgment dated 14.10.2023 passed by the Court of learned Principal District Judge, Baramulla in a civil suit on file No. 18/S.Suit.
2. The judgment and decree dated 14.10.2023 for recovery of Rs. 30.00 lacs along with interest @ 4%
per annum came to be passed in favour of the respondent and against the petitioner.
3. Order 37 of the Code of Civil Procedure, 1908 was invoked by the respondent while instituting the suit on file No. 18/S.Suit on 30.08.2023.
4. Execution proceedings came to be taken out by the respondent as decree holder before the executing Court of Principal District Judge, Baramulla which resulted in passing of an order dated 23.12.2024 in terms whereof the executing court came to accept surety from Bashir Ahmad Bhat with respect to discharge and satisfaction of the decretal amount.
5. On the other hand, the petitioner/judgment debtor had suffered passing of the judgment on account of default on his part in entering appearance within the time stipulated under Order 37 Rule 3(3) of the Code of Civil Procedure, 1908 which instantly resulted in passing of the decree.
6. The petitioner sought setting aside of said judgment by taking recourse to Order 37 Rule 4 of the Code of Civil Procedure, 1908 which resulted in dismissal for default as a result whereof the petitioner has approached this Court with CR No. 08/2025 which is still pending.
7. In view of the pendency of the aforesaid petition, this Court disposes of the transfer petition by requesting the executing court to await the outcome of the CR No. 08/2025, for the reason being that in case if this Court in CR No. 08/2025 comes out in favour of the petitioner, then there may come to be a change of legal situation relatable to the judgment and decree for which the execution is to be sought and pressed against the petitioner.
8. Disposed of.
(RAHUL BHARTI)
JUDGE
SRINAGAR: 02.04.2026 Shabroz