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Srinivas (Director)     19 October 2016

Execution petition

Dear LCI Gurus,

If a suit is partly is decreed for three reliefs (A, B & C) and relief D is denied, can we file an appeal for relief D only while simultaneously seeking Execution on Reliefs A, B & C?

thanks,

Srinivas



Learning

 4 Replies

Sachin (N.A)     20 October 2016

You need to file two diffrent cases one is for appeal and another is for execution.

Srinivas (Director)     21 October 2016

Hi Sachin, 

Thank you for replying. I think it is clear we need to file two application: one appeal and one execution petition. They have to be filed in different courts. 

My question is:

Is the Execution petition maintainable for Reliefs A & B while an appeal is simultaneously pending on Relief C?

thanks,

Srinivas

Sachin (N.A)     21 October 2016

Ys. a decree holder can file an exeution petion and it is maintainable even if an appeal is pending.on other relief.

Srinivas (Director)     21 October 2016

Thanks for the quick reply. Is there a supporting case law we can cite? Thx.


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