AI Overview...
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Mere Filing of Appeal Does Not Stay Execution - The general principle is that simply filing an appeal does not automatically stay the execution of a decree. Stay can only be granted under specific provisions like Order 21 Rule 26 of the CPC, which allows limited stays for certain purposes. The courts emphasize that the filing of an interlocutory application or appeal alone does not suspend execution proceedings unless explicitly ordered. Murugan VS Perumal - Madras, R. KOMALA VS MOHAMMED IQBAL - Karnataka, Anthiyur Town Panchayat Rep. by its Executive Officer, Anthiyur VS G. Arumugam (Deceased) - Madras
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Order 21 Rule 26 of CPC - This rule provides for stay of execution in certain circumstances, primarily to prevent abuse or to meet ends of justice. Courts have clarified that stay under this rule is not automatic and must be granted by the court upon proper application, considering the merits and circumstances. The rule does not cover automatic stay upon filing of appeal. Murugan VS Perumal - Madras, R. KOMALA VS MOHAMMED IQBAL - Karnataka, Anthiyur Town Panchayat Rep. by its Executive Officer, Anthiyur VS G. Arumugam (Deceased) - Madras, Kashmira Singh VS Mohinder Singh Kahlon & Sons - Punjab and Haryana
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Effect of Filing Appeal and Interlocutory Applications - Courts have consistently held that the mere act of filing an appeal or an interlocutory application does not stay the execution of decree. To secure stay, specific application under the relevant provisions must be filed and granted. Without such an order, execution proceedings can continue. R. KOMALA VS MOHAMMED IQBAL - Karnataka, Nella Chinna VS Gangadharan Pillai - Kerala, Anthiyur Town Panchayat Rep. by its Executive Officer, Anthiyur VS G. Arumugam (Deceased) - Madras
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Limitation and Default Dismissals - In cases where appeals are dismissed for default or on limitation grounds, the execution proceedings may proceed unless a stay order was granted. The courts have clarified that unless a stay is explicitly granted, the execution process remains unaffected by the dismissal of an appeal. NANU RAJAN Vs K.G.THOMAS - Kerala, Nella Chinna VS Gangadharan Pillai - Kerala
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Summary - The consensus across the sources is that the mere filing of an appeal or an interlocutory application does not automatically stay the execution of a decree. To prevent execution, a specific stay order under Order 21 Rule 26 or other relevant provisions must be obtained from the court. Without such an order, execution proceedings can continue despite pending appeals. Murugan VS Perumal - Madras, R. KOMALA VS MOHAMMED IQBAL - Karnataka, Anthiyur Town Panchayat Rep. by its Executive Officer, Anthiyur VS G. Arumugam (Deceased) - Madras, Kashmira Singh VS Mohinder Singh Kahlon & Sons - Punjab and Haryana
Conclusion:
Order 21 Rule 26 of the CPC restricts automatic stay of execution upon filing an appeal. Courts require a formal application and order to stay execution, emphasizing that mere filing does not suspend proceedings.
Search Results for "Order 21 Rule 26 Mere Filing of the Appeal doesn t Stay the Execution Petition"
2018 0 Supreme(Mad) 604 • India - Madras
J.NISHA BANU
Order 21 Rule 26 - Stay of Execution - [Order 21 Rule 26 of the Code] - The court discussed the provisions of Order 21 Rule 26 ... Issues: Applicability of Order 21 Rule 26 of the Code, the effect of filing an interlocutory application on the ex....
1999 0 Supreme(Kar) 40 • India - Karnataka
H.N.TILHARI
Stay of Execution - Civil Procedure Code - The court held that the mere filing of an appeal does not automatically stay the execution ... The provisions of Order 21 Rule 26 only relate to granting limited stay of execution for specific purposes, and the judgment-debtor ... The court also noted that the mere filing of an #HL_ST....
2015 0 Supreme(Mad) 601 • India - Madras
K.KALYANASUNDARAM
execution petition - It is settled law that mere filing of appeal would not amount to stay of operation of decree of lower court ... - Order 21, Rule 26 of Code of Civil Procedure is only to meet ends of justice and not to abuse anything to stay any Execution Petition ... - Decree holder levied an execution petition in for del....
2023 0 Supreme(P&H) 1942 • India - Punjab and Haryana
B. S. WALIA
(A) Civil Procedure Code, 1908 - Order 21 Rule 26 - Execution of decree - Stay of execution proceedings granted pending appeal decision ... ... ... Result: Revision petition disposed of with directions to stay execution pending appeal decision. ... ... ... Ratio Decidendi: The court determined that whereas the mere filing of an ap....
2025 0 Supreme(Mad) 3927 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.NIRMAL KUMAR
(A) Civil Procedure Code - Order 21, Rule 26(1); Section 47 - Execution of award - Petitioner sought to stay execution proceedings ... ... ... Ratio Decidendi: The court emphasized that mere allegations of fraud must be substantiated and that the execution process ... of execution dismissed. ... The petitioner / Judgment Debtor 2, has filed a Petition in E.A.No.3 of 2022 under Order#HL....
2008 Supreme(Online)(KER) 41254 • India - High Court of Kerala
K.T.SANKARAN, J
Issues: Whether the Execution Petition was barred by limitation and whether the dismissal of an appeal for default triggers ... Fact of the Case: Judgment debtors challenged the executing court's order stating the Execution Petition was not time-barred ... The dispute centered around the start date for the limitation period for the Execution Petition after previous appeals were dismissed ... Execution ....
2019 6 Supreme 335 • India - Supreme Court
ROHINTON FALI NARIMAN, VINEET SARAN
The Executing Court dismissed the execution petition filed by the appellant. ... is prayed for rejected - Acceptance of the submission would mean that mere filing of an objection under Section Without filing the application for recall of the order dated 27.09.2018 ... and subject to the result of the appeal as a condition for stay of execution of the entire decree. ... Section 36 of the Act makes it clear that an arbitral award beco....
2010 0 Supreme(Mad) 2991 • India - Madras
G.RAJASURIA
Order 21 Rule 26 of CPC - Execution of Decree - Summary Fact of the Case: The respondent filed a suit and obtained ... It also highlighted the need for the judgment debtor to apply to the Court for a stay of execution within a reasonable time to appeal ... 21 Rule 26 of CPC. ... The revision petitioner preferred appeal as against the decree passed in the suit with an application....
2025 0 Supreme(All) 29 • India - IN THE HIGH COURT OF ALLAHABAD
Hon'ble Piyush Agrawal,J.
filing an application under Section 34 does not automatically stay the execution of the award. ... (Paras 10, 26) ... ... Result: Petition dismissed. ... execution order for mesne profits based on an unregistered tenancy agreement and an arbitration award. ... of the award would lie just because of filing an appeal under Section 34 of the Arbitration Act. ... The petition u/a 227 has been filed for quashing the....
2011 0 Supreme(Ker) 1030 • India - Kerala
K.T.SANKARAN
court dismissing the appeal for default, the contention raised by the decree holders that the Execution Petition was filed within ... holders- Execution Petition filed by them was dismissed on the ground of limitation, which is under challenge in this Revision - ... In the present case, there was no stay of executionf the appellate court passes an order of stay of execution of the decree, necessarily ... The #HL_ST....
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