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shivani (housewife)     26 February 2022

Execution : important

Execution has been filed by the plaintiff in the trial court, i came to know about it on the website, judge has listed the matter for Nazir report, immediately i moved an appeal alongwith a stay application in the high court asking for stay on execution, as of now judge has not granted stay but has issued notice to the opposite side asking for a reply on the stay application, while in the trial court Nazir has not submitted his report clearly, judge has asked the Nazir to give a clear report if there is any appeal or stay order from the high court.

My query is - once the Nazir submits his report that appeal has been filed in HC and proceedings on stay application is also pending in high court, so will this help me ? I mean will the execution judge stop on this ground that since proceedings on stay application is pending so execution should pe put on hold ?

 



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 2 Replies

Advocate Bhartesh goyal (advocate)     26 February 2022

No, until stay is not granted by appellate  court executing court can proceed further and execute the decree.

shivani (housewife)     27 February 2022

@bhartesh sir- thanks for ur advice.

Even if there is no stay, but still why has the trial court judge asked in the hearing whether any appeal is pending ? I mean there must be some reason, bcz on the HC website it has been uploaded that stay proceedings are pending on the execution case ,Nazir will see come to know about that through the website ,so he will be able to prepare a proper report.


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