(Guest)

Execution petition - appeal

hi,
is a execution petition can be filed in case of a civil suit after a final decree-partition suit is receivd, if there is a appeal pending.
if yes, under what situations are they allowed.

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3 Replies

Vijay Raj Mahajan (Advocate) 15 January 2018

If the appellant court not stayed the execution of the decree by the trail court, the decree can be executed.There is no bar in filling of execution petition, but the same can not be moving ahead in case the stay order exists against the decee.

(Guest)

just a clarification - i heard that EP usually gets disposed in 6months in district courts.where as appeal at high court takes years to even get a stay. s that true ?

in that case, what happens if property is already taken over by EP?

AV Bagur Advocate (Advocate ) 15 January 2018

Does the appeal include an application for stay of the lower courts order? Has the stay application been disposed off or is it still pending? If the stay application has been disposed off without an order on stay, the lower courts order can be enforced, which will be subject to decision on the appeal. If the stay application is pending, EP is not advisable.