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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?

Quick Summary

This discussion clarifies whether a lower court can execute orders when a notice has been issued by the High Court to the opposing party. The consensus is that unless the High Court explicitly grants a 'stay' order, the lower court is still empowered to proceed with execution proceedings. Mere filing of an appeal and the issuance of a notice do not automatically halt the execution of a decree or order.

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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