INTERPRETATION
Arvind Singh Chauhan
(Querist) 15 October 2010
This query is : Resolved
Sir in a boundary suit we won from High court and execution proceeding was running in lower court. Meanwhile opposite party filed SLP in SC and lower court asked them to file if there is any stay.
SC ordered " Leave granted, parties are directed to maintain status quo as obtaining today"
Please suggest ,whether lower court should stay the proceeding in the light of this order.
Another side I have a case law -
Mere filing of a petition, appeal or suit would by itself not operate as stay until specific prayer in this regard is made and thereon so order of stay passed- SC-UAD-2009(2)-539.
Rajeev kulshreshtha
(Expert) 15 October 2010
The parties are directed to maintain status quo on the date from leave granted.In my opinion you have to preserve the position as on the date of order of Hon'ble SC and further proceeding in the execution petition shall be stayed.
aman kumar
(Expert) 15 October 2010
if SC ordered " Leave granted, parties are directed to maintain status quo as obtaining today"its mean all type of proceeding also stayed
pawan sharma
(Expert) 15 October 2010
yes, the Hon'ble S.C. stay the proceeding in the matter.
Arvind Singh Chauhan
(Querist) 15 October 2010
Thanks to all learned members but
Don't you think that direction given by SC is for parties not an order or stay for the court.
