Jammu and Kashmir High Court
CRM(M)/900/2021 of SHIFA TAHIR SALARIA Vs TAHIR UMAR SALARIA on 31 December 2021
OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 900/2021 Shifa Tahir Salaria ….Petitioner(s)/Appellant(s) Through :- Mr. Anmol Sharma, Advocate. V/s Tahir Umar Salaria ….Respondent(s) Through :- Coram: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE ORDER The instant
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CRM(M) No. 900/2021
Shifa Tahir Salaria ….Petitioner(s)/Appellant(s)
Through :- Mr. Anmol Sharma, Advocate.
V/s
Tahir Umar Salaria ….Respondent(s)
Through :-
Coram: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE
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ORDER
The instant petition under Section 482 Cr.P.C. has been filed by the petitioner seeking directions to the learned Principal Judge Family Court Jammu to dispose of the execution petition titled “Shifa Tahir Salaria & anr. vs. Tahir Umar Salaria”.
It is contended that the petitioner has filed the execution petition under Section 125(3) Cr.P.C. for levying an amount of Rs. 1,11,500/- against the respondent, in the month of February, 2021, however, the same is still pending and because of which the petitioner is facing monetary hardship. In support of his contention the petitioner has relied upon 3 Judges Bench order of the Supreme Court of India in “K.A. Abdul Zalil vs. T.A. Shahida” and also“Bhuvan Mohan Singh vs. Meena & Ors.” 2015 (6) SCC 353.
Therefore, keeping in view the contention raised by the petitioner, this petition is allowed. The learned Principal Judge Family Court, Jammu is requested to consider and decide the execution petition titled “Shifa Tahir Salaria & anr. vs. Tahir Umar Salaria” pending before it, at the earliest.
Disposed of as above.
Jammu: 31.12.2021 Pawan Angotra
(Tashi Rabstan) Judge
Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No