Aashima Arora (NA) 15 October 2013

Execution of decree of specific perfromance

A decree for specific performance for sale of property was passed against me by the lower court. I filed an appeal in the sessions court but they too upheld the judgement.

I then appealed in the High Court (Haryana and Punjab) and the appeal has been admitted in the preliminary hearing and an interim stay on the execution of the decree has been granted.

Meanwhile the other party has filed an execution of decree suit in the lower court and I have been summoned. Do I just need to inform the lower court about the stay or are there some other formalities to be done? What exactly happens to the suit, I mean does it get dismissed or temporarilily suspended till the final decision of High Court comes? Any help would be greatly appreciated. Thanks!

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T. Kalaiselvan, Advocate (Advocate) 15 October 2013

If there is a stay by the high court, it will be mentioned in that order itself the validity and other details. Go through the order carefully and take action accordingly. If the stay persists, you may produce the certified before the execution court and stall theproceedings.

(Guest)

If you have not made any application for stay of the execution of the decree, you will have to fill it as early as possible. Mere admission of the Appeal will not automatically grant stay to the execution proceedings unless otherwise the orders passed in that respect.