Jammu and Kashmir High Court
FAO/6/2026 of MOHAMMAD HUSSAIN SHAH Vs RIYAZ AHMAD MISGER AND OTHERS on 23 March 2026
No.-11 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM No.1341/2026 in FAO 6/2026 CM No.1342/2026 Mohammad Hussain Shah …Petitioner(s) Through: Mr. M. Saleem Parray, Advocate Vs. Riyaz Ahmad Misger & Ors. ...Respondent(s) Through: None. CORAM:
Serial No.-11
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM No.1341/2026 in FAO 6/2026
CM No.1342/2026
Mohammad Hussain Shah
…Petitioner(s)
Through:
Mr. M. Saleem Parray, Advocate
Vs.
Riyaz Ahmad Misger & Ors.
...Respondent(s)
Through:
None.
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
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ORDER
23.03.2026
1. The Court of learned Principal District Judge, Anantnag, being seized of execution proceedings on file No.07/Execution preferred by three respondents herein against the petitioner with respect to judgment and decree dated 27.09.2023 has passed an order dated 09.05.2025 against which the petitioner has come forward with the present civil miscellaneous appeal Order 43 Rule 1(d) of the Code of Civil Procedure, 1908.
2. In terms of said order dated 09.05.2025, the court of learned Principal District Judge, Anantnag, by taking serious view of default on the part of the petitioner in making deposit of costs of Rs.5000/- imposed in condoning the delay with respect to entertainability of time barred application under Order 9 Rule 13 of the Code of Civil Procedure 1908, as per its order dated 14.03.2025, directed dismissal of the petitioner’s said application under Order 9 Rule 13 of the Code of Civil Procedure 1908.
3. This Court finds no factual as well as legal illegality in the approach on the part of the Court of learned Principal District Judge, Anantnag as the court was and is supposed to be strict in the matter of abidance of directions issued in a judicial order but, nevertheless, in the interest of justice, this Court offers an opportunity to the petitioner to make amend and, therefore, dispose of this petition by restoring the order dated 14.03.2025 passed by the Court of learned Principal District Judge Anantnag provided the petitioner makes not only deposit of Rs.5000/- costs as imposed but also an additional costs of
Rs.5000/- hereby being imposed by this Court with court of learned Principal District Judge Anantnag, by or before 15.05.2025, whereupon the learned Principal District Judge, Anantnag, to take on record the application of the petitioner under Order 9 Rule 13 of the Code of Civil Procedure, 1908 and adjudicate it on merits.
4. Disposed of accordingly.
5. A Copy of this order be forwarded to the court of learned Principal District Judge, Anantnag, by Registrar Judicial, Srinagar.
(RAHUL BHARTI)
JUDGE
SRINAGAR: 23.03.2026 “Opinder”