Search Results Page
Search Results
1 - 4 of 4 (0.16 seconds)Article 227 in Constitution of India [Constitution]
Section 144 in The Code of Civil Procedure, 1908 [Entire Act]
Smt. Sundra Bai And Ors. vs Smt. Sonubai on 25 February, 2004
So far the case law cited on behalf of the petitioner in the matter
of Smt Sundra Bai (supra) is concerned, it is suffice to say that in that case
it was held that in pendency of the civil suit against the decree at the
instance of the judgment debtor, the power to stay the execution
proceedings should be invoked by the executing court in judicial manner
and not in the arbitrary manner and only in exceptional circumstances and,
ultimately, such petition filed by the judgment debtor was dismissed by the
Karnataka High Court. Hence the case law cited on behalf of the petitioner
is not helping to the petitioner.
1