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ARUN KUMAR JHA
Manzoor Hussain – Appellant
Versus
Md. Nazir Ahmad – Respondent
Arun Kumar Jha, J.—The record has been taken up on mentioning being made on behalf of the petitioners.
2. Heard learned counsel for the petitioners and I intend to dispose of the instant petition at the stage of admission itself.
3. The petitioners are aggrieved by the order dated 30.11.2023 passed by the learned Munsif, Patna City in Execution Case No.08 of 2017 whereby and whereunder the learned executing court dismissed the petition dated 02.08.2023 filed by the petitioners under Order 21, Rule 29 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’).
4. The learned counsel for the petitioners submits that the learned executing court has not considered the observation made by the learned Single Judge of this Court in the judgment dated 11.08.2017 passed in Second Appeal No.325 of 2000 wherein it has been observed that ‘none of the findings recorded in this suit for eviction, at any stage, shall prejudice the case or claim of either of the parties over the suit property in a suit for possession over the suit property on the basis of title before competent court in accordance with law’. The learned counsel further relied on two decisions of the
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....
The main legal point established in the judgment is the requirement for the petitioner to establish a sufficient cause to seek a stay of the decree under Order XXI, Rule 29, and the presumption in fa....
Stay of execution proceeding – Judgment and decree obtained by sole respondent in Eviction Suit cannot be denied on the ground of pendency of partition suit which is not pursued by petitioner.
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
The court affirmed that prior judicial decisions addressed all claims raised by the petitioner, thus ruling that there were no grounds to stay execution proceedings under Article 227.
Order XXI Rule 29 of Code is stay of execution pending suit between decree-holder and judgment-debtor.
The interpretation of a stay order in execution proceedings can lead to ambiguity, warranting clarification by a higher bench.
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