Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 9 EX 2188/25
NEERAJ NATH SHARMA Vs. BIMLESH
27.02.2026
Present: Ms. Meenakshi Sharma, Ld. counsel for DH.
Sh. Ketan Marwah, Ld. counsel for JD alongwith JD
in person.
Sh. Vivek Yadav, Cashier at Lok Nayak Hospital in
person.
Notice issued against the DDO received back served
through dealing clerk. In pursuance to notice, DDO of Lok
Nayak Hospital has filed original cheque dated 30.01.2026
alongwith order dated 08.01.2026 for attachment of salary of the
JD. Same be taken on record. Original cheque be issued in favour
of the DH or his counsel after endorsement. Copy of the cheque
be kept on record.
Application U/S 47 r/w Section 151 CPC filed on
behalf of the JD to dismiss the present execution petition. Same
be taken on record. Physical copy be supplied to the opposite
party on or before the NDOH.
Part arguments heard on the aforesaid application.
Another application U/O XXI Rule 26 CPC has been
filed on behalf of the JD for stay of present execution petition till
the disposal of the application U/S 47/ objections filed by the JD.
Same be taken on record. Physical copy be supplied to the
opposite party on or before the NDOH.
Ld. counsel for the JD submits that execution
petition and attachment of salary of the JD be stayed till the
disposal of the application U/O XXI Rule 26 CPC.
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Under Order XXI Rule 26 CPC, the court has the
power to stay the execution upon sufficient cause being shown by
the JD.
Prima-facie the JD has failed to show any sufficient
cause to stay the present execution petition. Accordingly, any
order regarding the stay of the execution petition can only be
passed after the adjudication of the objections of the JD.
In view of the above, the DDO is directed to deposit
the attached amount from the salary of the JD to the bank
account of the DH. The bank account details of the DH has been
filed on record which may also be supplied to the DDO by the
Ld. counsel for the DH.
Copy of the present order be given to the Cashier,
Lok Nayak Hospital for compliance.
Put up for verification of payment/ arguments on
objections on 04.04.2026.
(SUNIL KHATRI)
Civil Judge-06 (Central)
Tis Hazari Courts
Delhi/27.02.2026
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