execution of decree

sanjeev kumar (Querist) 26 August 2014 This query is : Resolved
Sir, decree of execution in pending in district court. Second appeal in HC is pending which is neither accepted nor dismisses. will during the pendancy, decree execution will not be possible ?

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Devajyoti Barman (Expert) 26 August 2014
If stay is not granted then execution proceeding can proceed further though lower sometimes becomes reluctant to do this.

Rajendra K Goyal (Expert) 26 August 2014
If no stay granted by appellate court, execution may proceed.

R.K Nanda (Expert) 26 August 2014
in absence of stay order of hc, possible,

ajay sethi (Expert) 26 August 2014
if appeal is pending lower court will hesitate to execute decree

Lawyer SALEEMA (Expert) 26 August 2014
Unless and until the operation of the decree is stayed by the appellate Court, the decree is legally executable irrespective of the fact that the appeal is pending before the appellate Court.