Execution of decree uder CPC

Hello Mr.Dash,

The execution proceedings would be maintainble in the court irrespective of filing of appeal before the High court.

The filing of appeal in itself would not bar the continuation of execution proceedings.

The only way to stop the execution proceedings in the executing court is to get a specific order of stay of proceedings from the HC. Only then can the execution proceedings can be put on hold.

Hope this clears up your confusion.

Saquib Siddiqui (Advocate)

Dear Mr Dash, 

Your query is very unusual. You have stated that the Decree Holder has challenged the Decree and at the same time filed for execution. On one hand he has challenged the decree and on the other hand is asking for execution. This is possible only if decree holder believes himself entitled for a better relief than granted by the court below. Now, important question is, has the judgment debtor challenged the Decree ?? If yes, he could seperately ask for stay if pre-requisites of stay are present. But if the judgment debtor has not challenged the decree then execution can continue if his appeal does not erode the fundamental of the decree. For eg: lets say that the decree holder has been awarded money of Rs 50000/- but he believes that he should get Rs 100000/-. Now in this case he can file for execution and simultaneously file against the decree. But if decree holder had applied for specific performance but court granted damages, and decree holder appeal for specific performance. Now in this case he cannot file for execution of damages because that is contrary to his stand in appeal. I hope you got my point. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, Chandigarh

Disclaimer:- Opinion is only for guidance.