Re : Fresh plaint in lieu of earlier plaint

Udit (Querist) 26 February 2015 This query is : Resolved
Sir, I wanna ask one more thing, in the same case The District Magistrate ordered in his judgement to pay Rs. 8 crore as the arrears of rent and to pay Rs. 9 lakh per month from January, 2015. The defendant while appealed in the high court, asked for stay on the order of D.M. The High court admitted the appeal but denied to grant stay and said if the half of the ordered amount is deposited and half of the rent since January, 2015 is paid than only it will grant stay on the order, otherwise stay can not be granted. Could you please tell me that what step can i take for enforcement of the order. Can it be decreed and process of recovery could be initiated or what other remedy is available if the high court does not grant stay on the order and admits the appeal.

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adv. rajeev ( rajoo ) (Expert) 26 February 2015
You can file an execution petition to recover the decreetal amount.

adv. rajeev ( rajoo ) (Expert) 26 February 2015
High court has not stayed the Judgement and decree of the Lower court, so go for execution petition.

Rajendra K Goyal (Expert) 26 February 2015
You can proceed for recovery process in absence of any stay from High court.

R.K Nanda (Expert) 26 February 2015
file execution petition in court.

P. Venu (Expert) 27 February 2015
"District Magistrate"? - District Collector is the DM and has no powers to pass a judgment.

Udit (Querist) 28 February 2015
By judgement, I mean to say order.

T. Kalaiselvan, Advocate (Expert) 02 March 2015
You can file an execution petition for recovery, but please clarify if it was district magistrate or district judge?