Notice under xxi rule 22 served for exitcution
deepak
(Querist) 03 December 2011
This query is : Resolved
Judgement date 20/2/2010."Suit stand decree with cost ,defendent are hereby restrained by order of injunction from working & conducting saloon business in the suit shop". first appeal in highcourt is pending for stay on decree.No stay order is given still today I have served NOTICE under rules 22 for exetcution within two year.Applicant do get stay order of status quo. initially granted was limited till 14/6/2010. Then extended till only 23/8/2010,After that Applicant neither obtained stay order said decree dated 20/2/2010 nor got the order of status quo extended.Just now applicant is doing saloon business inthe suit shop,ORDER FOR EXECUTION IS PENDING IN CIVIL COURT.1)CAN I DO APPLICATION FOR CONTEMPT FOR VIOLATING THE ORDER,IF APPEAL IS PENDING IN HIGHCOURT,SECONDLY EXECUTION APPLICATION IS ALSO PENDING IN CIVIL COURT FOR ORDER.2)what are civil rule execution under order xxi rule 22 C.P.C. MATURED & PRE-MATURED DATED OF THE DECREE.3)After two year from date of decree, WHAT TO DO?
prabhakar singh
(Expert) 03 December 2011
The stay when was being extended but has abruptly been dropped then it would be deemed as no stay is there.You can proceed with execution of your decree.
M/s. Y-not legal services
(Expert) 04 December 2011
yes., there is no stay before high court mean you can proceed., but before that check the status of appeal before high court
