Rent and Eviction-- Eviction order or decree - Appeal or revision - Stay of execution of eviction order - Revisional or Appellate Court can grant stay of execution of eviction order or decree on terms, including a direction to pay monthly rent at a rate higher than the contractual rent - Amount so fixed should not be..........
Criminal Procedure Code, 1973, Section 125(3), Limitation Act, 1963, Section 15-- Maintenance - Execution - Limitation - One year - Limitation for filing application for execution is to be computed upon excluding the period during which the order of stay was operating...........
Civil Procedure Code, 1908, Order 41, Rule 1-- Appeal - Filing of an appeal is not an automatic stay of execution of decree - During pendency of appeal it is possible for the decree holder to get the decree executed - Execution of decree during pendency of appeal is subject to the restitution of property in the event the appeal is allowed and..........
Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 226-- Execution proceeding - Writ petition - Original decree holders have no objection for approximately 3.5 decimals of land to be retained by respondent No.7 as per the court's order - Even they have no objection in vacating the stay granted by High Court so long as respondent No.7 is not doing any..........
Civil Procedure Code, 1908, Section 10-- Pendency of execution proceedings in the previously instituted suit is not a ground to stay the subsequent suit...........
Civil Procedure Code, 1908, Order 41, Rule 1(3)-- Money decree - Stay of execution - Court while granting stay of execution of the decree must take into consideration the facts and circumstances of the case - Court is not to act arbitrarily either way - If a stay is granted, sufficient cause must be shown, which means that the materials on record..........
Civil Procedure Code, 1908, Order 41, Rule 1(3)-- Money decree - Stay of execution - An exceptional case has to be made out for stay of execution of a money decree...........
Civil Procedure Code, 1908, Order 21, Rule 26, Arbitration and Conciliation Act, 1996, Section 26-- Exparte arbitration award - Execution - Application to stay execution and an application u/s 34 of Arbitration Act to set aside exparte award - Application filed beyond period of 90 days - No misconduct alleged against the arbitrator - Respondent deliberately stayed away from the arbitration..........
Civil Procedure Code, 1908, Order 21, Rule 26-- Execution - Stay - Money decree - Stay granted subject to deposit of certain amount - Condition complied - D.H. taking stand that entire decree will be taken as satisfied if he is allowed to withdraw deposited amount alongwith interest accrued thereon - Decree modified accordingly...........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 20, Rule 12-- Eviction order - Execution - Stay during pendency of appeal - Rent of Rs.600/- per month fixed almost 18 years ago - Stay of execution subject to payment of Rs.4, 000/- p.m. as mesne profits - Cannot be said to be excessive...........
