The High Court dismissed a writ petition under Article 227 seeking to set aside an execution order that wrongly allowed a judgment debtor to seek execution of a compromise decree. The Court held no scope for interference as the decree remains challengeable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Serial No. 01 Supplementary Causelist
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM (M) No. 255/2022 CM No. 6208/2022
Abdul Rashid Sheikh
….. Petitioner(s)
Through: - Mr. Qazi Ayaz, Advocate
V/s
Fareed Ahmad Sheikh
….. Respondent(s)
Through: -
CORAM:
HON’BLE THE CHIEF JUSTICE.
ORDER
05.11.2022
The instant petition is filed under Article 227 of the Constitution of India, seeking setting aside the order dated 01.10.2022, passed by the learned Court of Munsiff, Tangdar in Execution petition titled Abdul Rashid Sheikh Vs. Fareed Ahmad Sheikh, File No. 08/M, in terms whereof the Executing Court has disposed of the application of respondent Fareed Ahmad Sheikh (defendant No. 1 in the main suit), seeking execution of compromise decree dated 06.05.2017.
The grievance of the petitioner is that no execution can be sought by the Judgment debtor, therefore, the order is against the law and has resulted in miscarriage of justice. The order passed on 01.10.2022, is as a consequence of compromise decree/Judgment dated 06.05.2017.
Learned counsel appearing for the petitioner was pointedly asked as to how the decree and Judgment can be challenged in the petition filed under Article 227 of the Constitution of India, could not convince the Court. There is no scope for interference in this petition, as such, the same shall stand
dismissed, however, petitioner is at liberty to challenge the decree/judgment
in the appropriate forum in appropriate proceedings.
(ALI MOHAMMAD MAGREY) CHIEF JUSTICE
SRINAGAR:
05.11.2022
“Mohammad Yasin Dar”
MOHAMMAD YASIN DAR 2022.11.05 14:49 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the High Court can interfere in an execution petition under Article 227 when the underlying decree cannot be challenged in the writ itself.
1 provisions across 1 enactments
Abdul Rashid Sheikh
Fareed Ahmad Sheikh
Ali Mohammad Magrey
Mohammad Yasin Dar
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
