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RAVI NATH TILHARI
Godavarthi Surya Kumari – Appellant
Versus
Godavarthi Savithri – Respondent
JUDGMENT :
RAVI NATH TILHARI, J.
Heard Sri Ramamurty PVSA, learned counsel for the petitioner.
2. This civil revision petition under Section 115 of the Code of Civil Procedure (in short ‘CPC’) has been filed challenging the Order dated 03.05.2024 passed in E.P.No.8 of 2023 in O.S.No.161 of 2023 on the file of the Court of the Civil Judge (Senior Division), Ramachandrapuram, Dr.B.R.Ambedkar Konaseema District, erstwhile East Godavari District.
3. The petitioner is the defendant/judgment debtor.
4. The plaintiff/respondent/decree holder filed O.S.No.161 of 2013 in the Court of the Senior Civil Judge, Ramachandrapuram, Dr.B.R.Ambedkar Konaseema District, for a decree of specific performance of contract. The suit was decreed on 16.11.2016. The defendant’s appeal being A.S.No.2 of 2017 was dismissed on 11.08.2022. Challenging the Appellate decree, he filed S.A.No.270 of 2024 along with an application for condonation of delay.
5. The learned counsel for the petitioner submits that the application for condonation of delay is pending for consideration in the second appeal without any stay order.
6. The respondent/decree holder filed E.P.No.8 of 2023 for execution of the decree dated 16.11.2016. I
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
Order 21 Rule 29 CPC applies only when both the execution proceedings and the suit between the decree-holder and judgment debtor are pending before the same Court. Section 151 CPC cannot be used to s....
Order XXI Rule 29 of Code is stay of execution pending suit between decree-holder and judgment-debtor.
A stay of execution in civil proceedings can be granted during the pendency of an appeal when sufficient cause is shown, pursuant to Order 21 Rule 26 of the CPC.
Amendments to execution petitions may correct defects; simultaneous execution against debtor's person and property allowed under judicial discretion per CPC.
A person claiming independent right, title or interest in the property can resist delivery of possession even by filing an objection under Order 21 Rule 97 CPC in the executing court itself and if th....
The main legal point established is that the pendency of a second appeal does not automatically warrant a stay of execution proceedings, and the High Court's jurisdiction to pass interim orders is co....
The Executing Court may dismiss a stay application made incorrectly; an ex-parte decree is valid until set aside in the originating court.
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