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Judgment
Case taken up. Learned Counsel for DH (decree holder) applicant is present.
A warrant was issued to DG Police, and an instruction given by DG Police to Superintendent of Police, has been received, as a copy to this Tribunal. But it is very well written, in previous order sheet, that even after sufficient service of notice, over Respondent/ Judgment debtor, none appeared. Hence, no need is there, to issue any notice or Warrant, but to proceed with the execution of the decree, and for that, proper application with prayers -
(i) Either to transfer the decree to the Court of Original Jurisdiction of Civil nature, at the place, where property is situated, or
(ii) to make an application, for getting the property of judgment debtor attached, then auctioned, if needed, or
(iii) in case of deliberate avoidance and succession made to Director, in its personal capacity, to get them imprisoned under Civil Imprisonment, under Order 21 Rule 32 of CPC.
Hence, any prayer with Specific Mode of execution, is to be made by decree holder, with a further taking of steps for that.
A request is being made, for getting the instructions and taking appropriate steps, by decree holder. Let appropriate application, along with proper steps, be taken by decree holder/applicant. Proceeding against JD, is to run ex-parte, because in spite of sufficient service, none is present to oppose this execution proceedings or to object.
List the matter on 08.05.2024 “for further hearing”.