cmhjn (Manager) 25 September 2016

Challenging an execution order

Brief facts of the case- X filed a suit against Y in 2013. Ad-interim orders were issued in favour of X in 2014. Review Application was filed by Y against the interim order within time and was dismissed in 2016. A review petition on this dismissal order was filed by Y and is pending (court has fixed a day for arguments). In the meantime X filed an execution petition for the 2014 order; no notice was served to Y (judgement-debtor). Court passed an execution order despite the review being pending without hearing Y. X informed Y of the execution order just 1 day before the compliance period ended which clearly indicates a malafide intention. What can be Ys course of action here?

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4 Replies

adv.bharat @ PUNE (Lawyer) 25 September 2016

Y can give application for stay the execution order on ground that no chance is given to him about his opinion on part of execution & also the review order is pending on the same issue in the same court.

KS Johal 25 September 2016

Technically the court should have informed both applicants, however if they did not, then Y can make an application to court for a stay. stating that he needs time to make a reply to the execution order.

prof s c pratihar (medical practitioner &legal studies) 25 September 2016

Pl inform whether your review petition was heard or not? Why appeal was not filed within the limitation period? Just filing a review is not enough. However you can file petition for stay ofexecutionproceeding.

cmhjn (Manager) 27 September 2016

Thanks a lot to the learned members!

Just to add here, I chose not to appeal till the judge provide his comments on the objections that I had during the arguments for the first review (which he failed to record/give answer to while dismissing it, hence a second review). I was advised this would have built my case strongly for an appeal with the higher judge. Hence, I chose to wait. The arguments for second review have been fixed by the judge already. And then came this EP

Now as you all advise, I should now file an application for staying the EP? But merely filing the application will not stay the execution order, right? I am very scared of the other party as he is a known miscreant and can go at all lenghts to make my life miserable especially with the interim orders being in his favour. Kindly advise.