Gowrish (Student) 10 February 2021

Execution or wait for appeal

We are pertioner of Original suit case. Yesterday we won case and case disposed as contested and decreed in the district trail court. Now my query is can I proceed for execution of decree or can I wait for any appeal notice from my defendant. The defendant plan to go for appeal against us in the district court.

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Quick Summary

You've won your original suit case in the district trial court and the case has been disposed of. The question is whether to proceed with the execution of the decree or wait for the defendant to file an appeal. While you can file for execution, the defendant also has the right to appeal. Filing a caveat and execution petition simultaneously is an option, allowing you to proceed with execution unless it's stayed.

2 Replies

Real Soul.... (LEGAL) 10 February 2021

since you have the decree you can execute it by filing an execution petition, but the judgment debtor has equally a right to appeal, and he will go for appeal and you will be put to another round of litigation, If you think you can get instant relief from execution court then file a ceavet and execution simultanously , until the execution is not stayed you can proceed in execution