AIR 2018 (NOC) 755 (BOM) ::2018 (3) ABR 95 ::(2018) 3 AllMR 758 (BOM) ::(2018) 3 Bom CR 368 ::(2018) 2 Mah LJ 828

Bombay High Court

Hon'ble Judge(s): M. S. Sonak , J

(A) Civil P.C. (5 of 1908) , O.21 R.29— Execution of decree - Stay of execution during pendency of suit between decree-holder and judgment-debtor - Judgment-debtor can invoke provisions of O. 21, R. 29 only when suit and execution proceedings are pending in one and same Court. From plain reading of provisions of Order 21, Rule 29 of Civil P. C. it is quite clear that judgment-debtor may invoke provisions of Order 21, Rule 29 only when suit is pending in any court against decree-holder of such court or of decree which is being executed by such court. This means that suit and execution proceedings must be pending in one and same court in order to invoke provisions of Order 21, Rule 29 of CPC.(Para 15 18 19 20 21) (B) Civil P.C. (5 of 1908) , O.21 R.29— Execution of decree - Stay of execution during pendency of suit between decree-holder and judgment-debtor - It is not obligatory for executing court to stay execution proceedings - Power of executing Court is discretionary - Such discretion is to be exercised in judicious manner. Provision of Order 21, Rule 29 only confer discretion upon executing court to stay execution proceedings. This is on basis that provisio....