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M Kejriwal   29 June 2024

Can sr judge, civil divsion proceeded in an execution case, which has been stayed by high court,

THERE IS A TRESSPASSER CASE ORDER AGAINST US IN LOCAL COURT. IN 2005

WE FILED RFA IN HIGH COURT AND HIGH COURT STAYED THE PROCEEDINGS TILL DISPOSAL OF CASE.

THE LOCAL COURT OF SR JUDGE CIVIL DIVISION HAS STARTED WITH THE PROCEEDINGS OF EXECUTION,  STATING SUPREME COURT ORDER OF VACATING ALL STAYS OF MORE THAN 6 MONTHS.

THE RECENT SUPREME COURT  RULING OF 29.FEB 2024 HAS REVERSED THE EARLIER ORDER.

NOW THE EXECUTION CASE IS STILL IN PROGRESS, WHAT IS THE LEGALITY OF SUCH PROCEEDINGS? IS IT BINDING OR SIMPLY RUBBISH?

CAN WE FILE A CASE OF  CONTEMPT OF HIGH COURT ORDER?

 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     29 June 2024

When did the execution proceedings start?

If the supreme court stay order is still in vogue then you can approach supreme court with a petition to direct concerned court to stall the proceedings.

The stay was granted two decades ago.

 

 


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