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Execution proceedings

(Querist) 15 March 2012 This query is : Resolved 
In a rent case when dercee has been passed in landlord`s favour and execution proceedings are pending and are likely to be executed for warrants of possesion as no stay has been given by session`s court can tenant apply to high court for stay( both appeal in sessions court and execution is pending for arguments)
Adv.R.P.Chugh (Expert) 15 March 2012
Stay of execution can be granted by
i) Executing Court under O.21 R.26 (normally granted as a temporary relief to enable the judgment debtor to approach the decree court or appellate court for stay;
ii) Decree Court under O.41 R 6.
iii) Appellate Court under 41 R 5.
Raj Kumar Makkad (Expert) 15 March 2012
No. As no stay order is in operation and matter is still pending before the district judge, the tenant cannot go to high court.


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