Civil suit

AS there is no stay on the trial court judgement, you can proceed with the EP . As the Hon'ble High court has ordered for the mediation may be the EP Court is going slow. So Escalate to the EP court to proceed with the EP as there is no stay on the judgment.

1. IF appeal against lower court order is filed in High Court, THEN "ALL" lower court proceedings shall remain suspended, till HC's final order.  In such scenario, EP proceedings becomes legally infructuous.

Keep Smiling .... Hemant Agarwal
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Insist your advo ate to dispose  appeal as soon as possible in high court .

Although appeal has been admitted by High Court after failed mediation but High Court has not stayed the judgement/ order and decree passed by the Trial /District Court.in your favour.

Obtain all order sheets of the appeal and submit the same before Executing Court with an application to proceed further.  

I respectfully disagree and differ with the opinion and advise of expert Mr. Hemant Agarwal since impugned order can not be presumed to be suspended automatically i.e., as and when an appeal is filed / admitted..

I agree with Dr J C Vashista sir.

Mere Filing an appeal will not suspend the Trial court judgement.

The EP court is not under an obligation to stop the proceedings till the appeal is disposed off.

But when there is no stay,  the Petitioner filing EP need not produce any documents from the High court. It is the respondent in the EP to produce documents  if there is a stay.

Yes, mere filing of an appeal in the high Court, in the absence of any stay granted, need not hold up the proceedings in the EP. However, for all practical purposes, Execution Court is bound to go slow, esp. when attempts towards a mediated settlement is taking place at the instance of the High Court. 

Thank you very much sirs, for kind advise.