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1 - 5 of 5 (0.22 seconds)Sri Krishna Singh vs Mathura Ahir And Ors on 21 December, 1979
5. Having considered the rival submissions
of the learned counsel for the parties and perusing
the material on record, it is limpid that the
petitioner is prevented from enjoying the fruits of
the decree passed in R.A.No.77/2001 confirmed in
R.S.A.No.2158/2007 even after lapse of 14 years.
It is beneficial to refer to the ruling of the Hon'ble
Apex Court in the case of KRISHNA SINGH VS.
MATHURA AHIR 2 wherein it has been held that
the jurisdiction to stay execution of the decree
under Order XXI Rule 29 CPC has to be exercised
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AIR 1982 SC 686
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with great care and only in special cases. The
power to stay execution of the decree under Order
XXI Rule 29 CPC is discretionary. The discretion
should be exercised judiciously and not
mechanically as a matter of course.
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Smt. Sundra Bai And Ors. vs Smt. Sonubai on 25 February, 2004
The cognate
bench of this Court in SUNDRA BAI's case supra
has held that the fundamental consideration
should be that the decree holder is not to be
deprived of the fruits of the decree except for good
reasons. The decree must be allowed to be
executed and unless an extraordinary case is
made out, no stay should be granted. Mere
satisfaction of the precondition stipulated in Order
21 Rule 29 CPC would not be a ground for the
executing court to stay execution of the decree
until the pending suit has been decided. The
possibility of the judgment debtor filing frivolous
suits to stall the execution of the decree would not
be ruled out. Stay of execution of decree would
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not be proper in the facts and circumstances of
the case as it would result in deprival of the right
accrued to the decree holder to enjoy the fruits of
the decree passed in R.A.No.77/2001 confirmed by
this Court. For the aforesaid reasons, this Court
finds it appropriate to quash the order impugned
allowing the writ petition. Hence, the following
order:
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