Order 6

Order Details: COPY OF ORDER
Pdf Text: 10 EX 74/25
ABDUL JABBAR Vs. AKIL ALIAS AQUEEL
08.01.2026
Present: Ms. Samiksha Jain, Ld. counsel for DH.
Sh. Abdul Salam and Sh. Sameer, Ld. counsels for JD.
JD moved an application u/o 21 Rule 26 CPC and
application u/o 41 Rule 5 CPC seeking stay of execution petition.
Arguments advanced on above application.
It is submittd by Ld. counsel for JD/applicant that the
agreement has not been properly appreciated during appreciation of
evidence. It is furhter submitted that the counsel for defendant not
properly cross-examined the witness and due to fault of advocate, the
defendant has lost his case, so execution may be stayed.
The above arguments/averments in the application itself
speaks that the JD want fresh appreciation of evidence at the stage of
execution and JD has casted all the blame on previous counsel.
Nothing revealed that there is any misconduct on the part of previous
Ld. counsel as no complaint has been preferred against previous Ld.
counsel by JD. There are no merits in application and hence
dismissed.
Let warrants of attachment of movable property of JD be
issued against the JD to extent of decreetal amount on filing of PF.
The DH shall appear before the Ld. ACJ, North-East,
KKD for appointment of bailiff on 24.01.2026. Matter be re-listed on
court on 19.02.2026.
AJAY KUMAR MALIK
JSCC/ASCJ/G.JUDGE (N/E)
08.01.2026
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