Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: 8 EX 74/25
ABDUL JABBAR
Vs.
AKIL ALIAS AQUEEL
15.05.2026
Present: Sh. Ranjeet Thakur, Ld. counsel for DH alongwith
DH.
Sh. Abdul Salam, Ld. counsel for JD.
Warrants of attachment received back unexecuted
with the report that no attachable items found in the premises of
JD.
Ld. counsel for DH seeks some time to move proper
application for arrest and civil imprisonment of JD.
Reply to application u/s 151 CPC not filed by DH.
It is submitted on behalf of DH that the warrants of
execution were against the JD/Md. Akil but on the day of
execution, Md. Akil was having the scooty of one Shehnaz
Parveen, which was handed over to DH, so, it is not the amount
recoverable from JD.
Per contra, it is submitted by applicant/JD that it is
the DH who lifted the scooty of one Shehnaz Parveen parked in
front of house of JD and JD has nothing to do with vehicle of
other and owes no liability for that.
Although scooty bearing registration no. DL 5SDJ
2575 is registered in the name of Ms. Shehnaz Parveen and not in
the name of JD but report of bailiff clarifies that the JD asked the
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DH to take away above scooty and left the place. The report
further reveals that Sh. Monu, brother of JD, was also present
there and after having telephonic conversation with JD, the
brother of JD handed over the keys of scooty to DH. As the
article/scooty has been wilfully handed over by JD to DH, which
includes the keys of scooty, which itself shows that the custody
of scooty was consensually with the JD and JD also wilfully
handed over the scooty to DH in presence of bailiff, so now all
the liability is on shoulder of JD. Accordingly, the above
application u/s 151 CPC is hereby dismissed.
DH is directed to file the calculation sheet, thereby
clarifying the remaining decreetal amount.
Let fresh warrants of attachment of movable
property of JD be issued against the JD to extent of remaining
decreetal amount in view of calculation sheet to be filed by DH
alongwith PF.
The DH shall appear before the Ld. ACJ, North-
East, KKD for appointment of bailiff on 01.07.2026. Matter be
re-listed on court on 24.07.2026.
AJAY KUMAR MALIK
JSCC/ASCJ/G.JUDGE (N/E)
15.05.2026
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