Mode of execution and stay of execution (Order XXI)

Two neighbours in Andheri fight over a flat for years. One finally wins a decree. A court can hardly throw a decree at the loser; it must decide what to do with it. If the decree says hand over the flat, a bailiff goes to the door. If it says pay ₹10 lakh, the court looks at bank accounts and property. If the loser files an appeal the next morning, can the bailiff still go? Order XXI answers all three questions, and the answers depend on what the decree actually orders.

In two minutes

The mode of execution follows the kind of decree: money decrees by detention or by attachment and sale (O.XXI r.30), specific movables by seizure (r.31), injunctions and specific performance by detention or attachment (r.32), documents by the court's own execution (r.34), and immovable property by delivery of possession (rr.35-36); stay is available only on the terms the Code sets.

The rest of this chapter

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