exicution after judgment
anil sharma
(Querist) 16 December 2014
This query is : Resolved
sir
after a year civil suit decided in my favour, but defident has submited appeal against the judgment in district and session court and also file an application for stay,
but there is no hearing of appeal and stay
can I apply for exicution of lower court
please suggest me so soon
thanks
anil sharma
venkatesh Rao
(Expert) 16 December 2014
You can very well file execution if there is no stay.
Devajyoti Barman
(Expert) 16 December 2014
yes, you can and the executing is free to proceed further unless order of stay is passed against the decree.
Advocate Bhartesh goyal
(Expert) 17 December 2014
You can initiate executon proceedings against judgment debtor unless appellate court passed the stay order.
ajay sethi
(Expert) 17 December 2014
agree with experts
Biswanath Roy
(Expert) 20 December 2014
If appeal has been admitted by the appeal court but prayer for stay has not been pressed for or granted as yet or no prayer for staying further proceeding has been filed by the appellant, in all of such positions execution of decree cannot be made in as much as it will be a clear case of interference with due course of justice and that tantamount to contempt of court.
venkatesh Rao
(Expert) 20 December 2014
With due respect to the opinion of Sri Roy, I must say that if the stay is not granted and the decree stands executed and finally the decree stands reversed by the court of appeal, one has to have recourse to restitution proceedings. But, if there is no stay and the executing court is slow to execute the decree on the guise of mere admission of appeal, then it amounts to denial of justice and in the peculiar circumstances, may amount to contempt of its own order.
Biswanath Roy
(Expert) 21 December 2014
I DIFFER WITH MY LEARNED FRIEND Mr.VENKATESH RAO AND REQUEST HIM TO GO THROUGH THE MEANING OF "INTERFERENCE WITH DUE COURSE OF JUSTICE".
prabhakar singh
(Expert) 21 December 2014
''can I apply for exicution of lower court''?????????
YES !YOU CAN.
T. Kalaiselvan, Advocate
(Expert) 24 December 2014
Even I agree with the opinion that the the decree holder can go ahead with the execution in the absence of stay by the appellate court against it.
