LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shivani (housewife)     15 November 2024

Execution case.

Suit for possession case was filed.i am the defendant thr.an order was passed by the trial court under suit for possession under order 12 rule 6. I immediately filed an RFA in Delhi high court seeking an interim relief. High court modified the order of trial court and passed an interim order. 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 advice 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     15 November 2024

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?

 

Dr. J C Vashista (Advocate )     15 November 2024

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"?

shivani (housewife)     15 November 2024

@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.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register