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2000 Supreme(J&K) 292

SYED BASHIR-UD-DIN
Indo Kashmir Arts Emporium – Appellant
Versus
Anjum Mushtaq – Respondent


Advocates Appeared:
Advocate For Appellant: G.A. Lone
Advocate For Respondent: A.K. Malik

1. Decree dated: 23.08.1987 for ejectment and recovery of arrears of rent, of District judge Srinagar is put to execution in E.P.No.17 of 97 on the file of District Judge. So far as eject­ment part is concerned, decree stands executed. However, the execution of the decree, for re­covery of outstanding rent, the decrental amount, is in process. During pendency of the execution petition, decree holder moved an ap­plication on 31.05.2000, for arrest and deten­tion in prison of the two partners of the firm, the judgment-debtors. The executing court of District Judge, srinagar, on the very day ordered arrest and detention in civil prison of these judg­ment debtors and for the purpose issued war­rant of arrest. This order of 31.05.2000 is un­der challenge in this revision petition.

2. The impugned order is challenged in main on the ground that the order is mechani­cal, in so far as on the very day and date of 31.05.2000 when application for arrest and de­tention of judgment debtors in civil prison was moved, the court without any notice and with­out following the requirements of law, passed the order, on just askance for, to arrest and de­tain the Judgment debtors and for the purpose issu










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