This oral order dismissed a petition filed under Order 21 Rule 97 CPC seeking a stay of execution proceedings. The single judge held there was no jurisdictional error in the lower court's dismissal of the stay application.
The application under Order 21 Rule 97 CPC was dismissed on the grounds that the lower court's decision was correct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.143 of 2022
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... ... Petitioner/s
Versus
Patna High Court C.Misc. No.143 of 2022(2) dt.22-06-2022 2/3
resident of Naya Tola Rajokhar, P.O. Manikpur, P.S. Gopalganj, District - Gopalganj.
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Naresh Prasad, Advocate For the Respondent/s : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
petitioner.
The petitioner has challenged the impugned order dated 10.01.2022 by which an application filed under Order 21 Rule 97 CPC for stay of the execution proceeding has been dismissed.
From perusal of the operative portion of the impugned order of learned executing Court it appears that earlier this Court in Misc. Case No. 1400/2016 dated 26.10.2018 had disposed the same and directed for taking further steps in execution case.
I have gone through the impugned order. Accordingly,
Patna High Court C.Misc. No.143 of 2022(2) dt.22-06-2022 3/3
I do not find any irregularity or jurisdictional error in the impugned order. The Court below has rightly dismissed the petition filed by the petitioner under Order 21 Rule 97 CPC.
Accordingly, I do not find any merit in this application and the same is dismissed.
(Anil Kumar Sinha, J)
S.Ali/-
U T
2 issues framed by the court
Whether the dismissal of the stay application under Order 21 Rule 97 CPC involved any irregularity or jurisdictional error.
Whether leave to file an application under Order 21 Rule 97 CPC was necessary before rejecting the petition for stay of execution.
1 provisions across 1 enactments
Indu Kumari
Ramawati Devi
Kalindi Gupta
Ajay Kumar
Most. Shanti Kunwar
Byas Sah
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
