Back
KHATIM REZA
Uday Narayan Singh – Appellant
Versus
Most. Sheela Devi – Respondent
ORDER
Heard the learned counsel for the parties.
Re: I.A. No. 02 of 2023
2. This interlocutory application has been filed under Order 41, Rule 5 of the Code of Civil Procedure for staying the further proceeding of Execution Case No. 07 of 2022 pending in the court of learned Civil Judge, Senior Division, Kahalgaon, Bhagalpur till the pendency of the instant appeal.
3. The instant first appeal arises out of suit for specific performance of contract which was decreed in favour of plaintiff/respondent 1st set.
4. It is admitted fact that till date, sale deed has not been registered. The plaintiff filed Execution Case No. 7 of 2022 for execution of sale deed through process of court and also for delivery of possession of the land mentioned in the decree.
5. There is no substantial loss to the appellant by execution of the sale deed till delivery of possession is effected. Right would accrue only at the time of delivery of possession of the suit land. The appellant if desires to file stay of further proceeding of execution of decree, when the delivery of possession has to be effected.
6. The appellant, is so advised, may file application for stay of delivery of possession at appropriate time.
7
Stay of proceeding in Execution Case – Appeal is considered to be continuation of suit and subject matter of dispute must be kept safe till attaining finality ofissue by way of judgment.
The court established that execution proceedings affecting residential premises warrant a stay when irreparable loss to occupants is probable.
The court established that a stay application can be dismissed if the applicant fails to demonstrate possession and if a decree has already been executed against other parties.
The court retains jurisdiction to direct delivery of possession under a decree for specific performance, and such applications can be filed within the same suit instead of requiring separate executio....
A decree for specific performance encompasses a direction for delivery of possession, and the absence of a specific clause for delivery of possession is not mandatory.
Point of law: If once we accept the legal position that neither a contract for sale nor a decree passed on that basis for specific performance of the contract gives any right or title to the decree-h....
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
