Rajiv Narain Raina, J. - (1.) CM No. 2115 -CII of 2014 in CR No. 577 of 2014 CM is allowed. Affidavit of Umaar Mohd. is taken on record. Main Case
(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. The only grievance raised by the petitioners in this petition is that the learned Additional Civil Judge (Senior Division), Ferozepur Jhirka by order dated 10th December, 2013 has issued a warrant of arrest for securing the presence of the judgment debtors returnable on 20th December, 2013. This direction appears to have resulted from the report of the Local Commissioner which reveals that construction over the suit property has been raised after the decree. As a result of this order, one of the judgment debtor namely, Iqbal has suffered detention in civil prison. The other petitioners apprehend similar incarceration if the impugned direction is permitted to operate. It will remain open to the Executing Court to appreciate the report of the Local Commissioner in the manner that facts justify but it would not appear fair that he should directly issue warrant of arrest for securing the presence of the judgments debtors when they are represented by counsel. In case, the decree of permanent injunction has been breached there are other remedies available to the decree -holder and not just warrant of arrest for securing the presence of the judgment debtors with a view to send them to civil prison.
(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. With this the petitions stand disposed of.;