Execution of decree
4 months ago
Can a district court execute the decree while the opposition has filed a suit in High court in objection to the decree and the interlocutory application is in the state of pending in highcourt?
A.Dear Client,
In legal matters, the execution of a decree is generally within the jurisdiction of the court that issued the decree. However, if an objection has been raised in the form of a suit filed in the High Court challenging the decree, especially if there's a pending interlocutory application, the situation becomes complex. The High Court, being a higher judicial authority, may intervene and potentially stay or modify the execution proceedings at the district court level. It is crucial to seek guidance from legal counsel who can assess the specific details of your case and provide advice tailored to the ongoing proceedings in both the district court and the High Court.
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In legal matters, the execution of a decree is generally within the jurisdiction of the court that issued the decree. However, if an objection has been raised in the form of a suit filed in the High Court challenging the decree, especially if there's a pending interlocutory application, the situation becomes complex. The High Court, being a higher judicial authority, may intervene and potentially stay or modify the execution proceedings at the district court level. It is crucial to seek guidance from legal counsel who can assess the specific details of your case and provide advice tailored to the ongoing proceedings in both the district court and the High Court.
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A.Dear Client,
The filing of an appeal from a decree is, by itself, no bar to its execution, and execution may proceed unless it is stayed by an order of the Appellate Court or the Court which passed the decree (vide Order XLI, Rules 5 and 6, CPC). It should be noted, however, that when an order is made for the sale of immovable property during the pendency of the appeal and the judgment-debtor applies for a stay of the sale, the Court ordering the sale is bound to stay it, though it can impose such terms as to security or otherwise as it thinks fit [Order XLI, Rule 6 (2), CPC]. When a stay of execution is granted under Order XXI, Rule 26, Civil Procedure Code, the rules, as amended by the Punjab High Court, make it compulsory for the Court to require security or impose such conditions as it thinks fit unless sufficient cause is shown to the contrary. The Karnataka High Court has said that a court can exercise powers under Order 21 Rule 29 of the Code of Civil Procedure and pass an order staying the execution proceedings only if the suit challenging the decree and execution proceedings referred are pending before the same court and not before two different courts.
The filing of an appeal from a decree is, by itself, no bar to its execution, and execution may proceed unless it is stayed by an order of the Appellate Court or the Court which passed the decree (vide Order XLI, Rules 5 and 6, CPC). It should be noted, however, that when an order is made for the sale of immovable property during the pendency of the appeal and the judgment-debtor applies for a stay of the sale, the Court ordering the sale is bound to stay it, though it can impose such terms as to security or otherwise as it thinks fit [Order XLI, Rule 6 (2), CPC]. When a stay of execution is granted under Order XXI, Rule 26, Civil Procedure Code, the rules, as amended by the Punjab High Court, make it compulsory for the Court to require security or impose such conditions as it thinks fit unless sufficient cause is shown to the contrary. The Karnataka High Court has said that a court can exercise powers under Order 21 Rule 29 of the Code of Civil Procedure and pass an order staying the execution proceedings only if the suit challenging the decree and execution proceedings referred are pending before the same court and not before two different courts.
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