Mohammad Imran Jan (Aged 4 vs Mr Aijaz Ul Haq Rehman on 28 July, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Mohammad Imran Jan (Aged 4 vs Mr Aijaz Ul Haq Rehman on 28 July, 2026

                                                                          Serial No. 05
    
         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR
                                 (Through Virtual Mode)
    CCP(D) No. 27/2024 in
    WP(C) No. 1216/2024 c/w
    WP(C) No. 1216/2024
                                            Date of pronouncement: 28.07.2026
                                            Date of uploading: 28.07.2026
    
    Mohammad Imran Jan (Aged 40                           .....Appellant(s)/Petitioner(s)
    years)
    S/o Abdul Gani Jan
    R/o Chrawani Tehsil Charari Sharief
    District Budgam
    _______
    
    
                           Through: Mr. M. A. Wani, Advocate
                     vs
    1. Mr Aijaz Ul Haq Rehman                                       ..... Respondent(s)
    Branch Manager, J&K Bank Charari
    Sharief Budgam
    2. Mr. Fida Hussain
    Tehsildar Charari Sharief, Budgam
    
    
                           Through: Ms. Maha Majeed, assisting counsel vice
                                    Mr Ilyas Laway, GA
                                    Mr. N.A. Dendroo, Advocate
    CORAM: HON'BLE THE CHIEF JUSTICE (ACTING)
               HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
                                  ORDER (ORAL)

    28.07.2026

    Sanjeev Kumar-Chief Justice(A)

    SPONSORED

    WP(C) No. 1216/2024

    1. This is a petition filed by one Mohammad Imran Jan seeking, inter

    alia, a direction to the respondent-Bank not to seal and put to auction

    the property belonging to him and which is not the subject matter of

    collateral security in the shape of mortgage deed executed by the

    brother of petitioner namely Tajamul Islam in favour of the
    2 CCP(D) No. 27/2024 in

    WP(C) No. 1216/2024

    respondent-Bank for securing loan. It is submitted by the petitioner

    that with a view to securing loan, the petitioner has executed a

    mortgage deed in respect of the land measuring 07 Marlas falling

    under Khasra No. 461 min of Khata No. 700 and Khewat No. 285

    situated at Chrawani, Tehsil Charari Sharief, District Budgam along

    with three-storied residential house constructed thereupon.

    2. Mr. M. A. Wani, learned counsel for the petitioner contends that he

    has only been put on a notice under Section 13(2) of the SARFAESI

    Act and the mortgaged property is yet not taken possession of or

    sealed by the respondent-Bank. The grievance of the petitioner, as is

    projected by him in this petition, is that his brother namely Tajamul

    Islam, who too is a borrower with the respondent-Bank, has defaulted

    in making the repayment and has, therefore, been subjected to

    proceeding under SARFAESI Act. He submits that in a notice issued

    against his brother Tajamul Islam under Section 13(4) of the Act, the

    respondent-Bank has, instead of attaching the property mortgaged by

    Tajamul Islam measuring 01 Kanal falling under Khasra No. 461 min

    of Khata No. 591 and Khewat No. 285 situated at Mouzi Chrawani

    Tehsil Charari Sharief, District Budgam along with a double-storied

    residential annexy and single storied shop lane existing thereon, had

    sealed and seized the property belonging to the petitioner i.e. a piece

    of 07 Marlas of land with three-storied residential building

    constructed thereon. Brother Tajamul has not got the possession of

    the said property back from Bank on liquidating his loan account.
    3 CCP(D) No. 27/2024 in

    WP(C) No. 1216/2024

    3. With a view to determine the illusionary dispute created by these two

    brothers with an ultimate aim of frustrating the efforts of the Bank to

    recover the loan amount, we even called upon the Revenue Agency

    to make demarcation. From the report submitted by the Committee of

    Revenue Officer, it transpires that the property between the brothers

    is a joint property and has not been partitioned so far. Taking the

    benefit of this fact that the property is not partitioned though the two

    brothers are occupying their respective shares, a confusion is sought

    to be created so that entire property is saved and bank loan remains

    unpaid.

    4. Be that as it may, it has been brought to our notice by learned counsel

    appearing for the Bank that the brother of the petitioner namely

    Tajamul Islam has already cleared his dues and in line thereof, the

    property mortgaged by him has been released. Presently, none of the

    two properties mortgaged by the petitioner as well as his brother

    Tajamul Islam are under seize of the Bank.

    5. The grievance of the petitioner that the property sealed may be de-

    sealed has, thus been rendered infructuous. However, we would

    hasten to add that, in case, the petitioner too has defaulted in making

    the payment of loan, the respondent-Bank shall be free to proceed

    against him in accordance with law and if necessary, seize and seal

    the property, which is specifically mortgaged by the petitioner with

    the Bank i.e. the land measuring 07 Marlas along with three-storied

    house constructed thereon. However, the petitioner shall also be at
    4 CCP(D) No. 27/2024 in

    WP(C) No. 1216/2024

    liberty to clear his dues and avoid the sealing and seizure of the

    mortgaged property.

    6. Although, this is not the scope of this petition yet we would like to

    advise the petitioner to go for partition and get his shares demarcated

    in the competent Court of law so as to avoid such future disputes.

    7. Disposed of.

    CCP(D) No. 27/2024 in WP(C) No. 1216/2024

    1. In view of the order passed in writ petition, the instant contempt

    petition also stands disposed of.

                                     (Mohd. Yousuf Wani)              (Sanjeev Kumar)
                                            Judge                      Chief Justice (A)
    
    Jammu
    28.07.2026
    Vishal Sharma
    
    
    
    
                           Whether the order is reportable?      Yes/No
    
                           Whether the order is speaking?        Yes/No
     



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