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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Gurdev Singh – Appellant
Versus
Makhan Singh (now deceased) through – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to stay execution pending appeal. (Para 1) |
| 2. court's analysis of the execution proceedings and its powers. (Para 2 , 3 , 4 , 5) |
| 3. conclusion and disposition of the case. (Para 6 , 7) |
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The petitioner filed this Civil Revision under Article 227 of the Constitution of India for setting aside the impugned order dated 02.08.2025 passed by learned Civil Judge, Junior Division, Phillaur whereby the application filed by the petitioner for staying execution proceedings till the decision of the application under Order 9 Rule 13 of CPC has been dismissed and sale warrants of the property of the petitioner has been issued. The order has been assailed on the grounds that the learned Executing Court has not taken into consideration that an application for setting aside ex-parte decree is pending adjudication and that provisions of Order 21 Rule 26 of CPC has been over looked. The Executing Court was required to stay the execution to afford an opportunity to JD to apply to the Court where proceedings under Order 9 Rule 13 of CPC are pending.
2. I have heard learned counsel for the petitioner and gone through the impugned order.
3.
The Executing Court may dismiss a stay application made incorrectly; an ex-parte decree is valid until set aside in the originating 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 executing court cannot stay execution of its own decree; such authority lies with the appellate court.
Parties cannot pursue stay applications simultaneously in different courts without risking delays; the conduct of petitioners may warrant dismissal of stay requests.
Under Order XXI Rule 29 CPC, stay of execution pending judgment debtor's suit is discretionary, not mandatory; belated fraud suit after failed prior challenges and decade-long execution does not enti....
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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