Stay order on decree passed by trail court
ketan shah
(Querist) 02 November 2020
This query is : Resolved
Respected Sirs,
I had filed a civil suit on one of my tenants in Small causes court in 2009 and the Decree was passed in my favor in 2016.
Tenant filed an appeal in the appeal court in 2016 and was granted stay for not execution of the decree.
Recently there is a judgement passed by Supreme court saying that what ever stay orders are passed by the Appeal or High court prior to 2018 in orders passed by lower courts will not be effective for more than 6 months.
I would like to know wether in my case the stay on Decree execution which is more then 4 years can be vacated.
Thanking you in advance
Isaac Gabriel
(Expert) 02 November 2020
You can pray the court to vacate the stay in view of the recent SC judgement.
K Rajasekharan
(Expert) 02 November 2020
The new 2020 judgement in the ‘Resurfacing Road Agency case’ is a bit confusing one.
It mainly refers to the pre-trial stays but whether the order is applicable in the post trial phase is not exactly known.
Its substantive purpose is to speed up trials or proceedings.
The 2020 judgment is not an independent one. It refers to paragraph 36 of the 2018 judgement in the same case.
The 2020 judgement says in all pending matters before the high court, civil court or criminal court where stay of proceedings in a pending trial is operating such stay orders will automatically lapse after six months unless extended by a speaking order.
The judgement specifically adds that the same course may be adopted by civil /criminal appellate / revisional courts under the jurisdiction of the high court.
Therefore despite there is confusion, one can conclude that the judgement is applicable to stays of appellate or revisonal court as well.
P. Venu
(Expert) 03 November 2020
In my understanding, the ruling is of no application to stay granted on decree in an appeal.
ketan shah
(Querist) 04 November 2020
Thank you all for your replies.
Dr J C Vashista
(Expert) 04 November 2020
I agree with expert Mr. K Rajsekharan, it is applicable to all pending appeals and revision cases.
Rajendra K Goyal
(Expert) 04 November 2020
You can pray court to vacate stay in view of above ruling. Wait for court orders.
