SHAUKAT HUSSAIN ALIAS ALI AKRAM & ORS. versus SMT. BHUNESHWARI DEVI (DEAD)) BY L. RS. & ORS.

SHAUKAT HUSSAIN ALIAS ALI AKRAM & ORS. versus SMT. BHUNESHWARI DEVI (DEAD)) BY L. RS. & ORS.

The Munsif’s court had no jurisdiction under Order XXI Rule 29 to stay execution of a decree not passed by it. Therefore, the stay was null and void, and the sale on the next day after the stay lapsed was valid.

Parties
Appellants: Shaukat Hussain alias Ali Alram & Ors.; Respondents: Smt. Bhuneshwari Devi (Dead) by L.Rs. & Ors.
Jurisdiction
India
Judgment Date
25 August 1972
Procedural Posture
Appeal by Special Leave / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Execution of Decrees, Jurisdiction of Execution Courts, Stay of Execution Proceedings
Civil Procedure Execution of Decrees Jurisdiction of Execution Courts Stay of Execution Proceedings

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Parties

Shaukat Hussain alias Ali Alram & Ors.

Appellants

Smt. Bhuneshwari Devi (Dead) by L.Rs. & Ors.

Respondents

Procedural Posture

Appeal by Special Leave / Final Judgment

Legal Issues

  1. 1 Whether the Munsif's court was competent to stay execution of a decree under Order XXI Rule 29 of the Code of Civil Procedure when the decree was passed by a different court.
  2. 2 Whether the sale in execution conducted after such stay order was valid.

Ratio Decidendi

The Munsif’s court had no jurisdiction under Order XXI Rule 29 to stay execution of a decree not passed by it. Therefore, the stay was null and void, and the sale on the next day after the stay lapsed was valid.

Court Disposition

Appeal dismissed

Orders

  • Parties to bear their own costs in this Court.