Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Krishnegowda, S/o. Late Siddaiah – Appellant
Versus
Thimmegowda, S/o. Late Thimmegowda – Respondent
| Table of Content |
|---|
| 1. overview of petition and court proceedings. (Para 1 , 2) |
| 2. debtors response and grounds for stay order. (Para 3) |
| 3. arguments against the stay application. (Para 4 , 5) |
| 4. court's reasoning based on existing decree. (Para 6) |
ORDER :
S.R. KRISHNA KUMAR, J.
This petition by the Judgment Debtor in Ex.Pt.No.75/2019 is directed against the impugned order dated 23.05.2023 passed by the Principal Civil Judge and JMFC, Srirangapatna, whereby the application filed by the petitioner/Judgment Debtor under Order 21 Rule 29 CPC was rejected by the trial Court.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that the respondent/decree holder instituted aforesaid execution proceedings against the petitioner/Judgment Debtor, who entered appearance in the said execution proceedings and filed the instant application seeking stay of the order of attachment of the salary of the petitioner/Judgment Debtor, till disposal of Miscellaneous No.21/2022 pending before the trial Court. The said application having been opposed by the respondent/decree holder, the trial
A judgment debtor must demonstrate sufficient grounds under CPC provisions to warrant a stay of execution, failing which, the court will uphold the trial court's decision.
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....
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.
D.Hr. entitled to seek execution by arrest and detention under Section 51 CPC.
Amendments to execution petitions may correct defects; simultaneous execution against debtor's person and property allowed under judicial discretion per CPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
