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Author Topic: execution petition - appeal  (Read 366 times)

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Offline sudha raghav

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execution petition - appeal
« on: January 16, 2018, 06:12:09 PM »
sir,
once a party wins a final decree on a partition suit, if the other/lost party prefers a appeal at high court, i herad that they can also apply for a stay on the execution of the decree with conditions of surety,along with appeal.
but does plaintiff /decree holder , has any say on what surety to be made for allowing? the stay on the executin of decree.
also, can the party go ahead with EP,when a appeal is pending and there is no request for stay made. how long does it take to get the stay on execution of decree.
what happens if appeal is file with no request to stay?

Offline advjaibansal

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Re: execution petition - appeal
« Reply #1 on: January 17, 2018, 06:29:00 AM »
Dear Sir,

There is no such security, which can be asked if stay is granted by the high court in a suit for partition.

However, if there is no stay granted by the high court in the appeal filed, you may proceed to file the execution petition before the trail court. If execution is allowed and property is partitioned then the appeal may also become infractus in due course of time.

please file the appeal if stay is not granted.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: execution petition - appeal
« Reply #2 on: January 18, 2018, 05:35:49 AM »
Dear Sir,

Normally, stay will be granted by HC. And execution will be stayed. You must see that the appeal is vacated as soon as possible.

You may visit the following link for more information.


http://mja.gov.in/Site/Upload/GR/compilation%20of%20paper%20on%20execution%20proceeding.pdf
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: execution petition - appeal
« Reply #2 on: January 18, 2018, 05:35:49 AM »

 

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