Regular

S. No. 26

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CR 23/2021

CM (6200/2021)

UT of J&K and others

& Petitioner/Appellant(s)

Through: Mr. Feroz Ahmad Sheikh, DAG

V/s

Abdul Rashid Khan

& Respondent(s)

Through: Mr. M. Altaf Khan, Advocate

CORAM: HON9BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

Through the medium of the instant petition, petitioners have impugned

order dated 27.8.2021 passed by the court of Judge Small Causes, Srinagar, in

execution proceedings titled as Abdul Rashid Khan versus UT of J&K and

others whereunder the judgment debtor/Chief Secretary, J&K Government, and

Director Food and Supplies were directed to deposit the decretal amount within

15 days from the date of passing of the order failing which the Chief Secretary

along with Director Food and Supplies had to remain personally present. Perusal

of the petition reveals that the same had been filed on the premise that the

impugned order had been passed by the executing court despite pendency of an

application for setting aside judgment and decree, filed under Order 9 Rule 13

CPC.

Upon consideration of the matter before this court on 16.9.2021 it was

provided that the trial court shall hear the petitioners herein in the application

filed under 8O9 R13 CPC9 and till such time the operation of the order impugned

in the instant petition was stayed.

Mr. Khan, appearing counsel for respondents makes a statement that the

application filed by petitioners herein before the court below under 8O9 R13

CPC9 stands dismissed on 3.12.2021 and, therefore, the instant petition has been

rendered infructuous. Mr. Sheikh Feroz, learned DAG, however states that he is

not aware about passing of the said order. Be that as it may, statement of Mr.

Khan is taken on record and in this view of the matter there remains nothing to

be adjudicated upon in the instant petition, as such the petition is dismissed as

infructuous.

Interim direction shall stand vacated.

(JAVED IQBAL WANI)

JUDGE

Srinagar

04-12-2021

N Ahmad

NISSAR A BHAT

2021.12.04 13:43

I attest to the accuracy and

integrity of this document