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B. S. WALIA
Kashmira Singh – Appellant
Versus
Mohinder Singh Kahlon & Sons – Respondent
| Table of Content |
|---|
| 1. challenge to stay order based on appeal pending. (Para 1 , 2) |
| 2. counsel's reliance on legal precedent. (Para 3 , 4) |
| 3. court's analysis on stay of execution. (Para 5 , 6 , 7) |
| 4. stay granted pending appeal decision. (Para 8) |
| 5. revision petition disposed with directions. (Para 9) |
JUDGMENT :
B.S. Walia, J.
Challenge in the instant petition is to order (Annexure P7) dated 07.11.2022 passed by the learned Civil Judge (Junior Division), Samrala, dismissing the application filed by the petitioner/Judgment debtor for staying execution in view of pendency of appeal filed by the petitioner against judgment and decree dated 19.03.2019 in Civil Suit No.52 of 2016 wherein the suit for recovery filed by the respondents-plaintiffs was decreed.
2. A perusal of order (Annexure P7) reveals that the application for stay of execution till the decision of the appeal pending before the Court of the learned Addl. District Judge, Ludihana, was dismissed by the learned Civil Judge (Junior Division), Samrala, on the ground that mere pendency of the civil appeal was no ground for staying the proceedings.
3. Learned Counsel relies upon the decision of this Court in 'Harish Chander and another ver
Mere pendency of an appeal does not stay execution proceedings unless explicitly ordered by the appellate court, as per Order 41 Rule 5 of the Code of Civil Procedure.
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.
Mere pendency of appeal does not stay execution under Order 41 Rule 5(1) CPC unless expressly ordered.
In judicial proceedings involving ejectment under Rent Act, execution orders should be stayed during appeals to prevent serious civil consequences and ensure fair trial.
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
The Executing Court may dismiss a stay application made incorrectly; an ex-parte decree is valid until set aside in the originating 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....
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