Deepak And Another vs Distt. Judge, Hardoi And 8 Others on 4 April, 2023
4. Balammal & Others vs. Muthiar Begum & Another reported in 2013-5-L.W. 9
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Balammal vs Muthiar Begum on 22 November, 2012
Mrs. Renu Sharma vs Ms. Meena Chaudhary on 28 January, 2016
In recent judgment Balammal & ors vs. Muthiar Begum and Anr
2013 (5) CPC 154 Hon'ble High Court of Madras elaborately discussed the aforesaid
rule and concluded that merely because judgment debtor has filed a fresh suit for
Execution no. 43/14
Mrs. Renu Sharma & Anr vs. Meena Choudhary Page no. 13 of 16
possession of same premises which has been decreed in favour of decree holder,
execution could not be stayed by invoking order 21 rule 29 of CPC.
Poola Dasari Naganna vs Khatravath Hussainamma on 27 March, 2025
09. It is pertinent to mention the decision of the High Court of
Madras in Balammal and others vs. Muthiar Begum and another1,
wherein at paragraph No.21 it is held as follows:
Toran Singh vs Deveendr Patel on 28 January, 2026
1 9 . The aspect of the word 'where the Suit is pending' is also of
particular importance since the same connotes that a Suit filed against
holder of a decree of such Court should be pending as on the date when
decree is sought to be executed which has also been considered by High
Court of Madras in the case of Balamnal (supra) in the following
manner:--
1