Execution case.

If the high court has modified the trial court order then you may have to file the proposed execution petition before the trial court only. 

What is the opinion of your lawyer?

An order is stated to have been passed by Trial Court under Order XII Rule 6 CPC, wherein you are the defendant. You are stated to have assailed the Trial Court order before Delhi High Court in a RFA and got interim stay of order, isn't it ? 

You have mentioned in the query stating, inter alia, that,

"Now if I file an execution for getting the high court's interim order executed then will this execution be filed in trial court itself so that the notice can be issued to the respondent and proceed further ? 

Or

I should file an execution in high court ? 

Pls advise"

Grant of an interim stay on the order passed by Trial Court for handing over possession by you means that your opponent, (the plaintiff in original suit before Trial Court) shall not file execution petition till the stay is in force. 

You mean to say that you want to file an execution against "yourself" being defendant in original suit ???

Facts vis-a-vis query posted by you are contradictory and confusing.

Pls advice" 

Read more at: https://www.lawyersclubindia.com/forum/execution-case--236248.aspYou want to file "execution"?

@t kalaiselvan sir- thanks a lot for answering my query. You understood what I mentioned. Thanks a lot. Sir I don't have a counsel as of now that's why I asked for an opinion here. 

@jc vashista sir- I never said it's an interim stay by the high court. I have not mentioned anything contradictory at all. May be you haven't understood my question. I have clearly mentioned that an order was passed by trial court and I moved to the high court and high court modified the order without any stay. So the interim order was passed by high court. Now I want to get this interim order of high court executed bcz suit for possession is pending in trial court for few more things. This is what I asked. Whether to file execution in trial court informing about high court interim order or to file an execution in high court so that I don't waste time and money.

Please go through your own post, which I have intentionally quoted and unquoted.

@jc- being a lawyer you haven't understood then not my business to teach you. Thr is a difference between stay..interim relief & modification of the order. My simple question was where exactly to file execution. But you won't be able to answer and rather asusual you take out ur frustration on unnecessary things & drag it. Refrain now. I got my answer from t kalaiselvan sir .he is polite always and talks to the point.

A humble request to the querist is that please don't be harsh or show arrogance for the reply not given by the experts in the manner expected by you.

Please be courteous to all because everyone here are sparing their valuable time only to assist and guide the needy persons at free of cost.

Dr. J.C. Vashistha is not only a senior advocate but he is having good legal knowledge and experience and has a tall standing as a standing counsel.

We all have high respects for him.

Your unpleasant comments about him in this public forum will not hold you in good light , besides the deliberate comments may be looked as derogatory, please avoid posting such undesirable comments against anyone in public forums like this.

@t kalaiselvan - sir, this advocate jc has no manners to talk at all..in all my previous posts also he has mentioned things in a demeaning manner as if I am some foolish and as if he is over intelligent.. if he is old in age that doesn't mean he has a right to disrespect a litigant .he is just a lawyer and not some god .. he has always taken out his frustration on my posts and queries rather than answering my query politely & to the point. Moreover I think that he is not operating his account and some of his junior operates it. Lawyer is just a lawyer and no matter what he should know his limits of communication and not suppress a litigant out of his seniority. Also if you want to safeguard him by talking about profession etc then that won't help. Bcz one can command respect and not demand respect. If he will talk politely then I will also talk politely but if he is going to talk rudely then I will give a strict answer to him bcz I did not misbehave at all..but if he thinks that he is over intelligent or has a great experience then he should know how to speak with a litigant bcz none of us are each other's slave..he needs to be professional rather than teaching how to post a query. I am sure he is not handling the account .anyway.  I will say a thanks only to those who will reply politely otherwise one shouldbe ready to face the wrath for misbehaving.

ORDER XII – Rule-6, Civil Procedure Code, 1908
(1) Where admissions of fact have been made either in the pleading or otherwise,
whether orally or in writing, the Court may at any stage of the suit, either on the
application of any party or of its own motion and without waiting for the
determination of any other question between the parties, make such order or give
such judgment as it may think fit, having regard to such admissions.
(2) Whenever a judgment is pronounced under sub-rule (1) a decree shall be
drawn upon in accordance with the judgment and the decree shall bear the date
on which the judgment was pronounced.

Obviously, the suit has been disposed on admissions made by you. If so, where is the scope for filing RFA? If at all such a case has been filed, what is the Case No?

Moreover, how could be there be a case of defendant filing an execution petition unless, of course, it is a suit for partition and decision of the High Court amounts to a Final Decree? 

All the more, the tone and tenor of your posting undignified, to say the leaset. Unless you are willing to mend your ways, there is no option but not to respond your queries.

It is also seen from your profile that you have made too many posting. Are they real-time queries or just riddles to have some fun at the expense of this platform and the dignity of those who spare their time and expertise those who are really need of guidance/suggestions on legal issues confronting them.