A property case has been by learned trial court and trial court had passed a decree. Hence a decree holder file an application of execution order and judgement debtor filed an appeal in an appellate court. And judgement debtor has no knowledge about the matter that a trial court may pass an execution order before the date of hearing of appeal . So what is remedy for judgement debtor to apply for staying an execution in same executing court, appeal is pending in appellate court

Answer 1

Judgement debtor also moves an application of suspension of order of the trial court. But if the date of execution is before than the date of appeal then judgement debtor applied an attested copy of the appallate court order and this attested copy present before the executing court. The executing court sine die the execution proceeding till the decision of appallate court.

Adv Advocate Ashfaq Ahmad Bhatti

High Court Lahore | Ashfaq Law Association session Courts Bahawalnagar

City: Chishtian | 3-5 Years Experience | B.A, LL.B,LL.M

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