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Allahabad High Court

SANJAY SAGAR AND 3 OTHERSversusSMT. SUDHA SAGAR AND 6 OTHERS

Decided

Holding

The Court held that execution proceedings may continue in the absence of a restraining order, and the petitioner must seek a stay through the pending appeal.

Summary

The petitioners, Sanjay Sagar and others, filed a writ petition under Article 227 challenging the commencement of execution proceedings against them, while a Second Appeal (No. 1176 of 2010) was pending before the court. The respondents, Smt. Sudha Sagar and others, sought to continue with the execution despite the pending appeal. The petitioners prayed for a stay of the execution proceedings. The Court observed that in the absence of a restraining order, execution may lawfully proceed, and that the petitioners remain free to seek a stay through the pending appeal. Consequently, the Court declined to intervene in the execution process. The writ petition was therefore disposed of without granting any relief.

Issues considered

  • Whether execution proceedings can be stayed pending a pending Second Appeal.
  • Whether the petitioner is entitled to interim protection in the form of a stay order.

Subjects

  • execution
  • second appeal
  • stay of execution
  • Article 227
  • writ petition
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6410 of 2026

                                    Sanjay Sagar And 3 Others
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Smt. Sudha Sagar And 6 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Anil Kumar Mishra, Manoj Kumar
                                                                       Tripathi, Rama Shankar Mishra
                                    Counsel for Respondent(s)        :


                                    Court No. - 5
                                                          HON'BLE VIKAS BUDHWAR, J.

                                    1. Heard Sri Anil Kumar Mishra, learned counsel for the petitioner-
                                    defendant.

                                    2. The grievance of the petitioner-defendant is that against the decree, which
                                    is operating against the defendant-petitioner, a Second Appeal has been
                                    preferred bearing number "1176 of 2010" which is pending. However, the
                                    respondents are proceeding with the execution proceedings.

                                    3. Prayer in the present petition is for setting aside the execution proceeding.

                                    4. In the opinion of the Court, in case there is no restraint order, then the
                                    execution is to proceed and in case, there is no interim protection accorded,
                                    it is always open for the defendant-petitioner to press the stay application in
                                    the pending appeal.\

                                    5. With the said observations, the writ petition stands disposed of.

                                    May 7, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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