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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
DHani Ram – Appellant
Versus
Sai Stone Crusher – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. Present petition is preferred for setting aside the order dated 19.05.2025 (Annexure P-16) passed by Ld. Addl. Civil Judge (Sr. Division), Indri (Karnal) in case titled as “Dhani Ram V/s M/s Sai Stone Crusher etc.”, whereby the execution proceedings have been stayed during the pendency of application filed by respondent/defendant No.2 under Order 9 Rule 13 CPC.
2. Learned counsel for the petitioner contends that with an intention to delay the execution proceedings, the respondent/defendant since the first application moved by the respondent/defendant No.2 was dismissed in default vide order dated 05.11.2022. Therefore, Ld. Addl. Civil Judge (Sr. Division), Indri (Karnal), has wrongly stayed the Rule 13 CPC filed by the respondent/defendant No.2.
3. I have heard learned counsel for the petitioner and perused the file of the case.
4. A perusal of the order dated 19.05.2025 shows that respondent/defendant No.2 previously filed application under Order 9 Rule 13 CPC, which was dismissed in default vide order dated 05.11.2022. Thereafter, the said application was restored vide order dated 09.05.2023. Further application was moved by the respondent/defendant
The court upheld the stay of execution proceedings to prevent prejudice to the respondent while their application under Order 9 Rule 13 CPC was pending, emphasizing judicial discretion in such matter....
Parties cannot pursue stay applications simultaneously in different courts without risking delays; the conduct of petitioners may warrant dismissal of stay requests.
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 executing court cannot stay execution of its own decree; such authority lies with the appellate court.
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.
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....
The main legal point established is the court's discretion to grant stay of execution subject to the petitioner's compliance with the undertaking of payment of mesne profits and the automatic vacatio....
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