Can I execute session court judgement in money and gold recovey

801 votes

It depends upon whether there is there Is any stay order in the matter pending before the honourable High Court if there is no stay in that matter the degree can be executed on the basis of the order passed by the district and sessions and you can very well obtain fruits of the decree

Advocate Ahammed Faisal LawRato

586 votes

If there is no stay operation of judgement / decree, you can proceed with the execution. normally if the matter is pending at high court, sialkot's will be hesitant to proceed. however if there is no stay you can pray for proceeding the matter. Or file early posting petition in High Court and try for an early disposal.

Advocate Sherry J Thomas LawRato

828 votes

Yes, you can absolutely proceed with the execution of the Sessions Court judgment for the recovery of your money and gold right away. Under **Order 41 Rule 5 of the Code of Civil Procedure (CPC)**, the mere filing or pendency of an appeal in a higher court does *not* automatically operate as a stay on the execution of the lower court's decree. Since the High Court appeal has been stagnant since 2025 with only notices sent, and no formal interim stay order has been explicitly granted to the respondents, the judgment remains fully enforceable. Your lawyer is adopting the correct legal strategy by launching the execution petition now; this proactive step legally compels the respondents to either satisfy your 8-year-old claim through the attachment of their properties or assets, or forces them to actively approach the High Court to seek a conditional stay, which judges rarely grant in financial and gold recoveries without requiring the debtors to first deposit a substantial portion of the disputed amount into the court registry.

Advocate Arun Johny LawRato