ASLAMVsYusuf

Order Details: COPY OF ORDER
Pdf Text: 9 MISC SCJ 105/26
CNR No. DLNE03-000864-2026
Aslam
Vs.
Yusuf
13.10.2026
Fresh application u/o 21 Rule 26 CPC received by way of assignment,
it be checked and registered as per rules.
Present: Ms. Seema Mishra, Ld. counsel for applicant/Aslam.
It is stated in the application that vide judgment dated
09.06.2026 of this court, the civil suit no. 22/26 titled as Yusuf vs.
Aslam was dismissed and the plaintiff preferred appeal against the
above judgment, same was allowed and suit was decreed vide order
dated 17.09.2026. It is further stated that applicant wants to file
second appeal against the judgment dated 17.09.2026 and seeks stay
against the execution petition till expiry of stipulated time to file
appeal.
Submissions heard. File perused.
Perusal of record itself shows that the plaintiff has
already preferred appeal before Ld. District Judge-01/NE/KKD which
has been allowed. As the appeal has already been preferred and same
has been disposed off, so, there is no ground of stay of execution
proceedings. Accordingly, above application u/o 21 Rule 26 CPC is
dismissed.
File be consigned to record room after completion of due
formalities.
AJAY KUMAR MALIK
JSCC/ASCJ/G.JUDGE (N/E)
13.10.2026
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