UMMAR MOHD. AND ORS. Vs. AJEEM AND ORS.

JUDGEMENT

(1.) CM No. 2115 -CII of 2014 in CR No. 577 of 2014

(2.) THIS order disposes of CR No. 577 of 2014 titled Ummar Mohd. and another v. Ajeem and others & CR No. 820 of 2014 titled Ayub and others v. Ajeem and others. The facts are taken from CR No. 577 of 2014. It has been averred that no separate order of detention has been passed against the petitioner. The petitioners are judgment debtors facing execution proceedings. They are represented by a counsel in the court below.

(3.) IN order to balance out the interests of both the parties, I think it would appear just and fair to set aside part of the order dated 10th December, 2013 which directs warrants of arrest to be issued for securing the presence of judgment debtors. Ordered accordingly. Securing the presence of judgment debtors through warrants of arrest executable by the police is aggravated action which could be avoided and insisting on the order to operate would not serve the ends of justice as the executing court will have all power to execute the decree in terms of the procedural and substantive principles laid down under Order 21 CPC and its relevant rules. Trial court to proceed with the execution of the decree in accordance with law assisted by the respective learned counsel for the parties.