Execution
Querist :
Anonymous
(Querist) 03 August 2011
This query is : Resolved
who can stay execution ???
i am decree holder in one civil case and judgement debter has paid some penny amount of decree and now depending on that he wants to stay that execution filed by decree holder in principal senior civil judge and he moved an application in Execution to stay execution in same court
kuldeep kumar
(Expert) 04 August 2011
deciding factors for stay will be where the fruits of decree are to be sought.if same court is giving u fruit then same court otherwise different court shall give u fruit.there can be no part payment in money decree and applying for stay.it may be viewed as a collusion between u and him.u can resist debtor from doing so and get ur decree satisfied in any way provided in cpc.