A successive Article 227 challenge sought to obstruct execution of a 1997 decree on grounds already litigated through revisions, review proceedings and Supreme Court petitions.
Judge / Bench — Hon’ble Mr. Justice Rajnesh Oswal, Judge
The Jammu & Kashmir and Ladakh High Court rejected a changed claim from oral donee to purchaser and held that the earlier determination binding subsequent transferees under lis pendens had attained finality. It also rejected the argument that consignment of execution proceedings on a disputed compliance report made the executing court functus officio, especially when possession admittedly remained with the objector and subsequent directions required execution. Re-agitation was an abuse of process. The petition was dismissed with ₹20,000 costs payable within four weeks; the connected contempt proceedings were closed. Finality and actual execution, rather than repeated collateral challenges, controlled the outcome.
Case — Ab. Aziz Mir v. Javaid Ahmad Khan & others · CM(M) No. 331/2025 c/w CCP(S) No. 596/2021 · 30 October 2026 · Srinagar wing
Advocates appearing — Petitioner — Mr. J. H. Reshi, Advocate, with Mr. Shah Murtaza, Advocate. Respondents — Mr. Nisar Ahmad Bhat, Advocate, with Ms. Shah Bareer, Advocate.