Back
B. S. WALIA
Kashmira Singh – Appellant
Versus
Mohinder Singh Kahlon & Sons – Respondent
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 versus Surinder Kaur', CR No.38 of 2023, decided on 11.01.2023.
4. I have considered the submission of learned counsel.
5. A perusal of Order 21 Rule 26 CPC reveals that the court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree
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.
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....
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....
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
