Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - To stay execution proceedings, pre-condition is that there must be a suit pending before same Court filed by J.D. against D.H. - When two Court are different from each other then execution Court is right in denying to grant stay of execution petition proceedings before it...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Decree for possession - Once plea of collusion, fraud and fabricated settlement taken by defendant No.1 while objecting execution, has already been tested up to Supreme Court unsuccessfully, it was beyond powers of trial Court to have stayed the execution based on same plea - Impugned order of..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Eviction decree - Property sold thereafter - J.D. filed injunction suit arraying purchasers as party seeking restraining them for not dispossessing him - Application for stay of execution filed only to deprive DHs and their successors-i, interest from enjoying benefits of property - Moreover, subsequent..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order of grant of maintenance - High Court passed order that execution proceedings be kept in abeyance - Total non application of mind - Unless there are very special reasons, higher Court should not normally stay such an order - Impugned order set aside - Maintenance awarded ordered to be paid - High..........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by third party - Stay of execution - Petitioner failed to prove his possession qua property in question - There is thus, no question if any of his being dispossessed from the suit property so as to enable Court to adjudicate claim of petitioner - Application rightly rejected...........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Stay of execution - Such period to be excluded while calculating period of limitation...........
Civil Procedure Code, 1908, Order 27, Rule 8A, Civil Procedure Code, 1908, Order 41, Rule 5, 6 -- Stay application filed by Government - O.27.R.8-A CPC may exempt Government from furnishing security for seeking stay of execution of money decree - It, however, does not provide that decretal amount cannot be required to be deposited in appeal against a money decree...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Pendency of appeal - Stay be obtained from the Appellate Court - Executing Court cannot grant stay of execution proceedings when no stay is granted by Appellate Court or there is refusal to grant stay...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Suit filed within ten days of the date mentioned in the agreement - Averments of readiness and willingness in plaint - Stay application rejected...........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution proceedings - Once judgment and decree passed in favour of predecessor-i, interest of DH has attained finality, execution of same cannot be stayed simply because another civil suit stands filed now by JDs for declaration and injunction against DH, that too same issue agitated which issue already stands..........