Notice under xxi rule 22 served for exitcution
deepak
(Querist) 17 October 2011
This query is : Resolved
notice has been serve underxxi rule 22 of c.p.c.1908 & also ask for rule 32(1) as defendant not obey the order,& default.highcourt case is pending,&didnot get stay on decree.can i get the order for exitcution ? i have received jugement order on 20/2/2010.
kuldeep kumar
(Expert) 17 October 2011
seeking stay order infact does not mean decree shall not be executed.it will be set for execution except where appellant pays securites.further expert comment
Devajyoti Barman
(Expert) 17 October 2011
If the HC has not stayed the operation of the judgement impugned before the high court then you can safely proceed ahead with the execution case.
deepak
(Querist) 18 October 2011
issues plaint. prove their right,title &interest ove suit prop.?(yes)2,plain. prove the defend.are in the possession of suit prop.?(yes)3,defend.prove that they are possessing suit prop.in their indepen.capacity as tenant?(no).jugement order is, defend.are hereby restrained by order of injun.forworking or conducting buiness in suit shop,decree be drawn according. can i get possession of my shop after exitcution?