{Balu manikantan} SUBRAMANYAM (Practising Advocate) 24 November 2021

Execution petition presented during interim stay

Setaside petition was filed by the judgement debtor and the Civil Court granted interim stay of execution of a decree.

The counsel for Decree holder has filed vakalat in the setaside petition proceedings.

During the pendency of stay the decree holder has filed a petition for execution of decree,

Later the stay got vacated and the execution petition is continuing now.

Whether the execution petition filed during the pending interim stay is valid?

Can it be setaside?

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Quick Summary

This discussion addresses the validity of filing an execution petition while an interim stay on a decree is in place. While filing is permissible, the executing court cannot proceed with the petition until the stay is vacated. Once the stay is lifted, the previously filed execution petition can continue.

2 Replies

Advocate Bhartesh goyal (advocate) 24 November 2021

Execution petition can be filed during interim stay for operation of decree ,no restrictions but executing court can not proceed further or pass any order in execution petition till stay orde does not vacate.

SHIRISH PAWAR, 7738990900 (Advocate) 24 November 2021

Hello,

Execution petition filed during the pendency of interim application is valid and after vacating of interim stay you can proceed with the execution petition filed by you.