GHAZIABAD DEVELOPMENT AUTHORITY, GHAZIABAD versus SMT. JAIMALA

GHAZIABAD DEVELOPMENT AUTHORITY, GHAZIABAD versus SMT. JAIMALA

Since the sale deed has already been registered in favour of the respondent, execution should be subject to the outcome of the pending appeal; exemplary costs imposed by High Court are not justified and are set aside.

Parties
Appellant: Ghaziabad Development Authority, Ghaziabad; Respondent: Smt. Jaimala
Jurisdiction
India
Judgment Date
02 December 1996
Procedural Posture
Civil Appeal / Appeal Against High Court Order
Outcome
Appeal allowed to extent of setting aside exemplary costs; sale deed execution subject to appeal result.
Legal Topics
Execution of Decree, Stay of Execution, Exemplary Costs
Civil Procedure Execution of Decree Stay of Execution Exemplary Costs

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Parties

Ghaziabad Development Authority, Ghaziabad

Appellant

Smt. Jaimala

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order

Legal Issues

  1. 1 Legality of execution of decree during stay
  2. 2 Imposition of exemplary costs

Ratio Decidendi

Since the sale deed has already been registered in favour of the respondent, execution should be subject to the outcome of the pending appeal; exemplary costs imposed by High Court are not justified and are set aside.

Court Disposition

Appeal allowed to extent of setting aside exemplary costs; sale deed execution subject to appeal result.

Orders

  • Exemplary costs of Rs. 25,000 imposed by High Court set aside.
  • Execution of sale deed to be subject to result in pending appeal.