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Krishna   19 March 2023

When notice was issued to opp party from high court, can lower court execute orders

Notice was issued to opposite party from high court. can family court execute orders in Maintainance case?


 3 Replies

Dr J C Vashista (Advocate)     20 March 2023

Is there any "stay" order issued by High Court with directions for notice to respondents ? Answer has to be "NO", am I right ?

If so, family court is well within right to proceed in execution petition filed by decree holder..

Real Soul.... (LEGAL)     20 March 2023

If there is no stay mere filing of case does not halt execution proceedings

Advocate Bhartesh goyal (advocate)     20 March 2023

Yes, mere filing of appeal and issue of notice does not operate stay of lower court decree or order unless appellate court passes stay order. 

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