ABDUL GAFFAR DAR Vs. MOHAMMAD SHAFI KHAN

JUDGEMENT

(1.) The petitioner/decree holder has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India read with Section 104 of the Constitution of Jammu and Kashmir so as to assail the order dated 11.07.2019 passed by the Executing Court directing the SDM, Chadoora, to submit report in respect of certain points and restraining the parties from changing the nature of the suit property or from excavating any soil or clay from it till the report is so filed by the SDM Chadoora.

(2.) The basic contention of learned counsel for the petitioner is that fresh report from SDM is not necessary at all as the Executing Court cannot collect evidence for the purposes of executing the decree and has to rely upon the documents on record which includes a report of the revenue submitted during trial. Secondly, the Executing Court cannot go behind the decree to record its own finding. It has acted without jurisdiction in passing the interim direction which otherwise have the effect of nullifying the decree.

(3.) The facts of the case reveal that the petitioner/decree holder instituted a civil suit in respect of the land under his ownership and possession measuring 19 kanals and 4 marlas covered by survey no.908/1 and 1302 situate at Nowbugh Tehsildar Chadoora District Budgam. The suit was decreed vide judgment and order dated 28.12.2017 which is final and conclusive. The petitioner put the aforesaid decree in execution wherein after considering the objections of the judgment debtors, the Executing Court vide order dated 23.04.2019 allowed the execution and the judgment debtors were directed not to cause any interference in the lawful ownership, possession, occupation and enjoyment of the land by the petitioner and it was further provided that if any interference is caused, the judgment debtors would be put in civil imprisonment.