What next?

Querist : Anonymous (Querist) 19 October 2010 This query is : Resolved
Suit for recovery of money.
Suit decreed with costs.
Plaintiff filed EP after calculating interest.

Appeal filed by defendant.
Stay on condition to deposit 50% of decree amount. Time for deposit 2 months. No stay as to costs.

Executing Court not reading full judgment now adjourned the matter after two months stating stayed by appellate court.

What is the remedy for the plaintiff?

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Kirti Kar Tripathi (Expert) 19 October 2010
Since the appellate court has stayed the judgment meaning thereby entire judgment of lower court stayed. there is no illegality in the order of the Executing court. However, in case, the stay is not extended after two month, you can made request for execution.

Rajeev kulshreshtha (Expert) 19 October 2010
In addition to it you can decide the Appeal.

Devajyoti Barman (Expert) 19 October 2010
Yes, after 2 months if the stay is not extended further then the executing court should proceed with the execution case.

aman kumar (Expert) 19 October 2010
agree

Raj Kumar Makkad (Expert) 19 October 2010
The approach of the executing court is accurate and legal.

pawan sharma (Expert) 19 October 2010
the defandent deposit the decreetal amount as per the order of the apex court or not?
if he deposit the amount with in 2 month so there is no illegality.
if he is not deposit then the court can proceed in the execution.

Uma parameswaran (Expert) 19 October 2010
If the JD not paid within the time limit,then you can take steps.

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