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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
ALOK AWASTHI
Kailash – Appellant
Versus
Sunita Jatav – Respondent
ORDER :
ALOK AWASTHI, J.
The present petition under Article 227 of the Constitution of India has been filed by the petitioners/judgement debtors, aggrieved by the order dated 03.12.2025 passed by the 9th Civil Judge, Senior Division, Indore in Execution Case No. EXA/767/2025. By the impugned order, the Executing Court rejected the application filed by the petitioners under Order 21 Rule 26 of CPC seeking stay of execution of the possession warrant until receipt of the assessment reader's report and a stay order from the Appellate Court in the pending appeal.
2. The facts, in brief, are that the respondents/decree holders filed Regular Civil Suit No.59-A/2016 against the petitioners for specific performance and possession, which was decreed in favour of the respondents vide judgement and decree dated 25.03.2025. The petitioners preferred Regular Civil Appeal No.100/2025 against the said decree before the Appellate Court, claiming exemption from court fee on grounds of poverty. During the pendency of the appeal, the respondents initiated Execution Case No.EXA/767/2025 for enforcement of the decree. The petitioners filed an application under Order 41 Rule 5 of CPC for stay of execution o
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.
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 may dismiss a stay application made incorrectly; an ex-parte decree is valid until set aside in the originating court.
The court has the jurisdiction to issue a direction for the parties to file details of their assets under Order XXI Rule 26 of the CPC.
Equitable considerations have to be weighed in while entertaining petitions under Article 227 of the Constitution of India.
The Review Court lacks jurisdiction to stay execution proceedings initiated in another court, and attempts to delay possession proceedings through misleading filings may result in dismissal with cost....
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