I had obtained a decree for a property delivery. The tenant is given 2 months time to vacate as per the order. Since He has not vacated. I filed an EP in the lower court. He does not curently have any stay order from the high court.To the lower court, he has provided a CRP SR Number which was rejected by high court and has been claming that he is likely to get a stay and dragging the proceedings. Its nearly month after the given the 2 months time has expired. He now filed a request in the same court under
Order 21, Rule 26 to grant stay for the decree (in the same court that gave the decree).
1) Can the same court that passed the decree give a stay under Order 21, Rule 26 of cpc
2) It has been 1 month after the expiry of the the 2 month time given to the tenant.