AI Structured Summary
Not yet generated for this judgment
Judgment
S.S. Sodhi, J.—The challenge in revision here is to the wholly unsustainable order of the executing Court staying the execution proceedings merely on the ground that a regular second appeal against the judgment and decree of the lower Appellate Court was pending in this Court and further that the judgment-debtor had also filed a bank guarantee, presumably for the decretal amount. It is well settled that mere pendency of an appeal is no ground to stay execution proceedings. Once an appeal has been filed, it is for the appellate and not the executing court to decide whether or not execution proceedings are to be stayed, on that account. The executing Court has thus clearly fell in error in staying the execution proceedings mere on account of the pendency of the appeal in this Court. The impugned order of the executing Court is accordingly hereby quashed with the direction to it to continue with the execution proceedings in accordance with law.
The revision petition is accordingly hereby accepted with costs. Counsel fee Rs. 300/-.
Parties are directed to appear before the executing Court on June 1, 1988.