#stay of execution

Bombay High Court Aurangabad Bench allows stay of auction proceedings for a money decree without requiring deposit of decretal amount, where the property is alleged to be benami. The ruling emphasizes that courts must examine pleadings and burden of proof in benami transactions before attaching assets, offering relief to defendants in property disputes.

The Chhattisgarh High Court has ruled that executing a possession warrant under Section 250 of the Chhattisgarh Land Revenue Code before the appellate authority hears the stay application violates natural justice. The SDO must decide the stay application within 15 days, and possession cannot be disturbed until then - protecting landholders from irreversible dispossession during pending appeals.

MP High Court directs Sub-Divisional Officer to decide statutory appeals under Section 44(1) of M.P.L.R.C. 1959 within two months, staying encroachment removal orders pending appeal. The ruling protects landowners from dispossession before appellate adjudication, reinforcing due process in revenue proceedings.

Punjab & Haryana HC rules that execution of possession warrants cannot proceed while a first appeal is pending, even if the stay application is dismissed, provided the appeal was filed timely and the petitioner complies with interim orders. The court invoked its inherent powers under Section 151 CPC to prevent irreparable loss to the appellant, reinforcing appellate rights in execution proceedings.

The Bombay High Court at Goa holds that pending SLP before Supreme Court does not justify stay of execution; executing court must proceed with decree enforcement.

Andhra Pradesh High Court reduces stay deposit from 50% to ₹2 lakh in civil appeal, holding that financial capacity must inform conditioning of execution stays.