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Syariah Courts Civil Procedure Code · s 163

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s 163Seizure and sale

The following provisions apply when an execution is ordered by seizure and sale of any property —

(a)

the bailiff shall —

(i)

subject to as hereinafter provided, take the property and place it under his custody;

(ii)

if the property consists of shares, stocks, debentures or bonds not transferable by delivery, in any loan or fund, serve on the appropriate authority and the judgment madin a copy of the order of execution in Form MS 37

together with sufficient particulars of the shares, stocks, debentures or bonds seized;

(b)

after seizure of the property, any transfer or disposal of the property, except with leave of the Court, shall be void;

(c)

at any time before sale, the judgment da’in may request the bailiff to release any specified property and such release is not deemed to be abandonment of the execution as a whole;

(d)

at any time before sale, the judgment da’in may abandon the execution, and the bailiff shall thereupon return the order of execution to the Court;

(e)

the bailiff shall, unless the property seized be money, proceed to sell it in accordance with the provisions of this Part;

Syariah Courts Civil Procedure Code 68

(f)

the bailiff shall, on completion of the execution, make a return relating to the execution and submit it to the Registrar.