ENACTMENT No. 9 Of 1962
ADMINISTRATION OF MUSLIM LAW ENACTMENT

PART III - RELIGIOUS COURTS
Procedure in Civil Proceedings



Section 81. Execution.

(1) If any person bound by any judgment or order of a Court fails to comply with the same within such time as the Court considers reasonable, the Court may, on the application of any person entitled to benefit under such judgment or order or of its own motion, send a certified copy of such judgment or order to any Magistrates' Court having jurisdiction in the place where the Court which gave or made the judgment or order is situate, together with a request addressed to the Magistrate that such judgment or order may be executed:

Provided that, if the amount payable under the judgment or order or the value of the subject-matter thereof exceeds one thousand dollars, the foregoing provisions shall be read as if the words "Sessions Court" and "President" were substituted for "Magistrates' Court" and "Magistrate" respectively.

(2) The Court of the Kathi Besar shall have in respect of the execution of its own judgments and orders, all like powers and duties as are conferred and imposed on Magistrates in respect of the execution of judgments and order of Magistrates' Courts by Orders XXI, XXII and XXIV of the Subordinate Courts Rules, 1950, or such other corresponding rules as may from time to time be in force save and except that it shall not issue execution in respect of any immovable property. The Kathi Besar shall have power to appoint any subordinate officer of his Court to act as the bailiff thereof.

(3) The Court of a Kathi may, in lieu of proceedings under sub-section (1) of this section, in the like circumstances and in like manner request the Kathi Besar to execute the Judgment or order of the Court of a Kathi and thereupon the Court of the Kathi Besar may execute the same and may exercise all such powers in respect thereof as are conferred on a Magistrates' Court.




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