HC sets aside levy warrants, directs decision on Section 47 plea first
18/04/2026
Srinagar, Apr 17: The High Court of Jammu & Kashmir and Ladakh has set aside levy warrants issued against a Sopore resident, holding that an executing court must first decide objections raised under Section 47 of the Code of Civil Procedure before proceeding with coercive steps.
Justice Wasim Sadiq Nargal passed the order while allowing a petition filed by Feroz Ahmad Dar, who had challenged the execution proceedings arising out of an ex parte money decree obtained by M/s Himalayan Motors. The petitioner, represented by advocate OwaisSareer, had assailed an order dated January 23, 2026 of the 2nd Additional District Judge, Srinagar, whereby levy warrants were issued during the pendency of his application under Section 47 CPC questioning the validity of the decree.
The court noted that Section 47 CPC mandates that all questions relating to execution, discharge or satisfaction of a decree must be determined by the executing court itself and not by a separate suit.
Observing that the petitioner had raised a substantive jurisdictional challenge to the decree, the court held that such objections "strike at the very root" of the execution and must be adjudicated at the threshold.
"The executing court is bound to decide the application under Section 47 CPC before proceeding further. Any coercive action taken during the pendency of such application renders the statutory remedy illusory," the court said.
The court found that despite the pendency of the application since May 2024, the executing court proceeded to issue levy warrants without adjudicating the objections, which amounted to material irregularity and excess of jurisdiction.
Setting aside the impugned order, the high court directed the executing court to first decide the Section 47 application on merits after hearing both sides.
It further ordered that no coercive steps shall be taken against the petitioner till the application is decided, and any continuation of execution proceedings will be subject to the outcome of that decision.
The petition was accordingly disposed of.
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