ADVOCATEMMMOHAN: Civil Procedure Code, 1908 — Execution of Money Decree — Appeal Pending — Conditional Stay — Deposit of 50% of Decretal Amount together with costs. Where a money decree has not been stayed in appeal, the decree holder is entitled to proceed with execution. Grant of stay of execution by the appellate court subject to deposit of 50% of the decretal amount together with suit costs is a valid, legal, and reasonable exercise of discretion, intended to balance the equities between the decree holder and the judgment-debtor.

Sunday, January 11, 2026

Civil Procedure Code, 1908 — Execution of Money Decree — Appeal Pending — Conditional Stay — Deposit of 50% of Decretal Amount together with costs. Where a money decree has not been stayed in appeal, the decree holder is entitled to proceed with execution. Grant of stay of execution by the appellate court subject to deposit of 50% of the decretal amount together with suit costs is a valid, legal, and reasonable exercise of discretion, intended to balance the equities between the decree holder and the judgment-debtor.

advocatemmmohan

Civil Procedure Code, 1908 — Execution of Money Decree — Appeal Pending — Conditional Stay — Deposit of 50% of Decretal Amount together with costs.

Where a money decree has not been stayed in appeal, the decree holder is entitled to proceed with execution. Grant of stay of execution by the appellate court subject to deposit of 50% of the decretal amount together with suit costs is a valid, legal, and reasonable exercise of discretion, intended to balance the equities between the decree holder and the judgment-debtor.

Execution — Auction of Property — Plea of Joint Family / Ancestral Property

A judgment-debtor cannot resist execution proceedings or auction of attached property on the plea that the property is joint family or ancestral property, in the absence of any claim petition by other coparceners asserting independent rights.

Article 227 of the Constitution — Supervisory Jurisdiction — Limited Scope

An order of the appellate court granting stay of execution on condition of deposit of 50% of the decretal amount does not suffer from any illegality or perversity warranting interference under Article 227 of the Constitution of India.

ANALYSIS OF FACTS AND LAW

Facts

A money decree was passed against the petitioners in O.S. No.72 of 2018.
The petitioners filed A.S. No.7 of 2021, but no stay of the decree was granted.
The decree holder initiated E.P. No.21 of 2023, and the executing court ordered attachment and auction of the petitioners’ property.
The petitioners filed I.A. No.968 of 2025 before the appellate court seeking stay of execution.
The appellate court granted stay of execution subject to deposit of 50% of the decretal amount along with suit costs.
This conditional order was challenged under Article 227.

Contentions

The petitioners contended that the attached property was joint family / ancestral property and therefore could not be auctioned.
They further contended that directing deposit of 50% of the decretal amount was arbitrary.

Findings

Execution in Absence of Stay
The Court held that since there was no stay of the decree, the decree holder was legally entitled to pursue execution.
Legality of 50% Deposit Condition
The Court expressly upheld the appellate court’s direction requiring deposit of 50% of the decretal amount with suit costs, holding that:
- The decree was a money decree;
- The appeal was pending for several years;
- The condition was reasonable and equitable.
Rejection of Joint Family Property Objection
The Court rejected the objection that the property was joint family property, noting that:
- No other coparcener filed any claim petition;
- Execution cannot be stalled merely on a bald plea by judgment-debtors.
Scope of Article 227
The Court held that the conditional stay order does not disclose any jurisdictional error, and therefore does not warrant interference under Article 227.

(The subsequent modification of the percentage was granted only on equitable grounds and does not dilute the legality of the 50% condition.)

RATIO DECIDENDI

In execution of a money decree which has not been stayed in appeal, the appellate court is justified in granting stay of execution subject to deposit of 50% of the decretal amount together with suit costs, and such a condition is legal, reasonable, and does not warrant interference under Article 227 of the Constitution; further, execution cannot be resisted merely on the plea that the attached property is joint family or ancestral property, in the absence of any independent claim by other coparceners.

ADVOCATEMMMOHAN