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SUPREME COURT OF INDIA
S.N. VARIAVA, H.K. SEMA, JJ.
DINESH PRABHULAL BARAT AND ANOTHER - APPELLANTS
VERSUS
SAI PALACE HOTELS (P) LTD. AND OTHERS - RESPONDENTS
CIVIL APPEAL NO. 6336 OF 2004,
DECIDED ON SEPTEMBER 27, 2004
Civil Procedure Code, 1908, Order 21, Rules 29 and 26 - Stay of execution- High Court refused to stay the execution proceedings- Not proper-If execution proceeding was allowed to proceed without contentions issues raised being decided, the execution was liable to be dismissed - Held under such circumstances High Court should have stayed the execution proceedings pending the writ petition- Execution proceedings stayed [Para 4]
ORDER
1. LEARNED COUNSEL FOR THE PETITIONERS PRAYS FOR AN ADJOURNMENT OF THE CASE FOR FILING THE REJOINDER-AFFIDAVIT. PRAYER FOR ADJOURNMENT IS REFUSED.
2. LEAVE GRANTED.
3. HEARD PARTIES.
4. IF THE EXECUTION PROCEEDING IS ALLOWED TO PROCEED WITHOUT THE CONTENTIOUS ISSUES RAISED BEING DECIDED, THE EXECUTION IS LIABLE TO BE DISMISSED. IN OUR VIEW, THE CORRECT ORDER SHOULD HAVE BEEN FOR THE HIGH COURT TO STAY THE EXECUTION PROCEEDINGS PENDING THE WRIT PETITION.
5. WE, THEREFORE, STAY THE EXECUTION PROCEEDINGS PENDING THE WRIT PETITION. THE HIGH COURT IS REQUESTED TO DISPOSE OF THE WRIT PETITION AS EXPEDITIOUSLY AS POSSIBLE.
6. THE APPEAL STANDS DISPOSED OF ACCORDINGLY. THERE WILL BE NO ORDER AS TO COSTS.
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