13 December 2018
Dear Sirs, Civil partition suit is pending at High Court. We are the defendent there. No stay has been provided and one year have passed. Judge had referred to two senior lawyers to mediate and refer back after 4 weeks (But 8 months have passed)
Meanwhile we have applied for EP at District court. Other party has asked for stay citing that the case is pending at High Court and is under Madrad State Mediation Centre (which is not so).
The case is in for hearing (counter). Kindly advice how the EP will proceed. Is there any chances of giving stay for the case. THERE IS NO STAY IN HIGH COURT.
18 December 2018
There can not be any suit (which may be appeal against the decree in a suit) pending before High Court, recheck with your counsel. I agree with the experts, there is no stay granted against the decree/ judgement by higher court, proceed in EP.