19-OCT-2026
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Execution Application has been called. Judgment Debtor Imam Deen Jiskani appeared and submitted that he could not file appeal due to personal issues and he also cannot afford to engage a counsel Execution Application is false and baseless so it may be dismissed. Decree Holder is present along with the learned counsel who submitted that this court decreed the suit on 25.08.2026 but judgment debtor did not abide by it and absconded, so execution application may be allowed as prayed in accordance with law and judgment debtor may be ordered to be taken in to custody and remanded to District Prison otherwise if he is not taken into custody today he will again abscond beyond territorial limits of District Ghotki in order to defeat judgment and decree passed by this court. Such application with affidavit of Decree Holder filed by his counsel along with statement is taken on record. Heard. File perused. Execution application stands allowed as prayed because J.Ds oral objection is baseless and no legal impediment hurdle exists to decline execution application. More over D.H???s contention to take him into custody and to remand him to prison is also legal and reasonable hence this court being satisfied that if he is not taken into custody and remanded to Prison today, he surely will abscond and leave the local limits of jurisdiction of this court so in order to defeat satisfaction of Decree without issuing notice which is this court???s discretion as per Order XXI Rule 37 read with section 51 CPC 1908, it is ordered that let Judgment Debtor Imam Deen Jiskani be taken into custody and remanded to District Prison Ghotki for the tenure of a year or till payment of decreetal amount 37,00,000 in lump sum by him whichever is earlier. Application disposed of in above terms. |
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ADJ III, Ghotki
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