HC stays Rajouri court order recalling attachment in restitution decree case
01/03/2026
JAMMU, Feb 28: The High Court of Jammu & Kashmir and Ladakh has stayed an order passed by the Principal District Court, Rajouri, which had recalled attachment of shops in execution of a decree for restitution of conjugal rights and directed payment of monthly amount to the decree holder instead.
Justice M A Chowdhary passed the interim order while hearing CM(M) No. 30/2026 filed by Sunita Devi challenging the order dated January 10, 2026 passed by the Executing Court.
The petitioner, through Senior Advocate Mr. Aseem Kumar Sawhney assisted by Ms. Tehseema Bukhari, submitted that the Executing Court had earlier ordered attachment of shops in execution of a decree dated January 9, 2024 passed in a petition under the Hindu Marriage Act titled Sunita Devi vs Kuldeep Kumar. The attachment order had also been partially confirmed by the High Court in earlier proceedings.
However, by the impugned order dated January 10, 2026, the Executing Court recalled the attachment on the ground that the shops were not the proprietary property of the respondent and instead directed the judgment debtor to pay Rs 7,000 per month in favour of the decree holder till compliance with the decree.
Challenging the same, counsel for the petitioner argued that the trial court had exceeded its jurisdiction by revoking the earlier order of attachment and by resorting to Rule 33 of Order XXI of the Code of Civil Procedure to enforce the decree, contending that the impugned order was unsustainable in law.
After hearing the submissions, the High Court issued notice to the respondent, returnable within four weeks, subject to filing of requisites within one week. The matter has been listed for May 6, 2026.
Meanwhile, the Court directed that, subject to objections from the other side and till the next date of hearing, the impugned order shall remain stayed.
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