IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 01.12.2025 Pronounced on:11.12.2025 Uploaded on: 11.12.2025 Whether the operative part or full judgment is pronounced: Full EXP No.01/2025 CM Nos.2040/2025, 2041/2025, 4542/2025 & 5266/2025 c/w CCP(S) No.222/2025 CM No.4506/2025 SHEFALI KOUL ...DECREE HOLDER Through: - Mr. Syed Faisal Qadiri, Sr. Advocate, with Mr. Numan & Ms. Mariya Ashraf, Advocate.

Vs.

MOHAMMAD RAFIQ MIR & ORS. …JUDGMENT DEBTORS(S)

Through: - Mr. Mohammad Altaf Khan, Advocate, with Ms. Bushra Zargar, Advocate-for R1 to R4.

Mr. Fayaz Ahmad Lone, Advocate-for intervenor.

CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1) Judgement and decree dated 09.10.2024 came to be passed by the High Court of Delhi in exercise of its ordinary original civil jurisdiction, whereby the decree holder was held entitled to a principle sum of Rs.3,07,28,136 (rupees three crore seven lacs twenty-eight thousand one hundred thirty- six) along with 6% interest per annum from the date of memorandum of understanding i.e. 26.10.2020 till realisation of the entire amount. The decree holder was also held entitled to receive arrears of rent of Rs.39,000/ per month from the month of November, 2020, till October, 2024 without interest.

2) For executing the aforesaid judgment and decree, the decree holder filed an execution petition before the High Court of Delhi. Vide order dated 23rd December, 2024, passed by Delhi High Court, decree dated 09.10.2024 passed by the said Court was transferred to this Court for due execution. Accordingly, a precept was issued by Delhi High Court on 4^th January, 2025, which was sent to this Court in terms of Section 46 of the CPC for attaching the movable and immovable properties as mentioned in prayer clause ‘E’ at sub-clause (a), (b) and (c) of the execution petition.

3) Upon receipt of the precept, this Court, vide order dated

05.04.2025, passed the following directions:

6. The court is satisfied that some immediate interim measures are required to be taken for securing the decree dated 09.10.2024 passed in the suit CS (OS) No. 5692/2021. Accordingly, at this stage, relief sought for in clauses (a) and (c) of the prayer clause is granted in the following manner:-

i. The judgment debtors are restrained from selling, transferring, alienating or creating any encumbrance/lien or 3rd party interest in their personal properties.

ii. The Deputy Commissioner, Srinagar shall get the properties attached, of judgment debtors, as detailed out herein below by the Executive Magistrate 1" Class (Tehsildar concerned) for the time being.

"Two (02) houses (Mir House)-Anzimar Khanyar, near Gundroo Masjid, Khanyar Srinagar falling under Khasra Nos 115 and 116 and the land falling under Khasra No. 2505 comprising 03 Kanals 12 Marlas situated at main Bypass road Charar-i-sharief road Kashmir.

iii. The above described properties, after its attachment, shall be on superdnama with the Tehsildar concerned who shall take over the same and make a proper inventory in respect of the belongings thereof for its submission to this court.

iv. The above said arrangement shall remain in operation for a period of four weeks.

4) After passing of the aforesaid directions, one Mst. Saleema W/o Habibullah Mir R/o Khanyar Srinagar filed an application (CM No.2040/2025) under Order XXI Rule 58 of CPC seeking withdrawal/variation of attachment order dated 05.04.2025 passed by this Court. In her application, Mst. Saleem claimed that she is residing in her house constructed by her husband over land falling under Survey Nos.113 and 115 situated at Khanyar Srinagar, which, according to her, was gifted to her by her husband in the year 2017. It has been further contended that after death of her husband, the other legal heirs started creating interference which prompted her to file a suit before the Court of 2^nd Additional Munsiff, which is pending adjudication. It was also pleaded that her sons, who happen to be the judgment debtors, are pre