HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved On: 08.04.2026 Pronounced On: 16.04.2026 Uploaded On: 17.04.2026 Whether the Operative part or full judgment is pronounced: Full CM(M) 107/2026 Feroz Ahmad Dar (Age: 50 years)

S/o Late Farooq Ahmad Dar.

R/o Muslim Peer Sopore, District Baramulla.

…..Petitioner Through: Mr.Owais Sareer, Adv.

Versus M/s Himalayan Motors Through Its Managing Partner Bashir Ahmad Beigh Office: Tengpora, Bypass, Srinagar.

… Respondents.

Through:

CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

JUDGEMENT

1. The petitioner though the medium of instant petition has sought following reliefs:

“i) Direct the learned Executing Court to first decide the pending Section 47 of Civil Procedure Code application on its own merits and in accordance with law, before proceeding any further with the execution petition.

ii. Direct the learned Executing Court to follow the procedure prescribed under Order 21 of the Civil Procedure Code strictly, if and when it proceeds with the execution after deciding the Section 47 application.

iii. Any other order, as may be found appropriate and necessary in the nature and circumstances of this case and in the interest of natural