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Can lower court execute the judgement when the case is in high court ?
07-Feb-2023 (In Civil Law)
Can lower court execute judgement when the case is in HC 2. Can bayliff carry work not according to judgement ( influenced by the other party,) what we have to do at that time
Yes if there is no stay by the Hon'ble High Court for the execution of the Order, the Trial Court can execute the Judgment. However Order XXI Rule 29 empower the execution court to stay the execution of the decree on certain terms till the disposal of the case before High Court
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Adv. S N Shukla
Delhi | 25+ Answers
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You have to seek a stay in high court over the operation of the judgment passed by lower court. Unless you get a stay the execution proceedings will continue in due course. You can file an interim application in high court seeking stay
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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yes lower court may execute the judgment when the case is pending in appeal in High court. however, in order to stay proceeding you have to file an application for stay of execution proceeding in lower court.
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Adv. Poonam Atey
Delhi | 25+ Answers
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Of Course , Lower court can execute the judgment when the case is pending in appeal in High court, if there is no stay by the Hon'ble High Court for the execution of the Order, However Order XXI Rule 29 empower the execution court to stay the execution of the decree on certain terms till the disposal of the case before High Court
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Adv. Arvind Kumar Aggarwal
Delhi | 25+ Answers
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1. Will need more specific information on the cases to advise correctly. Generally there has to be a stay to stop execution .
2 .Baliffs have to follow orders, if he doesn't legal remedies are available.
2 .Baliffs have to follow orders, if he doesn't legal remedies are available.
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Adv. Usha Sharma
Delhi | 25+ Answers
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