Showing posts with label conditional stay. Show all posts
Showing posts with label conditional stay. Show all posts

Tuesday, 8 September 2026

Bombay HC: What procedure the Executing court should follow if conditional stay is granted by higher court?

 Having regard to the aforesaid discussion, it becomes necessary to clarify the position so that such situations do not arise repeatedly. Whenever a superior Court grants stay to an award under the Land Acquisition Act subject to deposit of the awarded amount or any part thereof, the Executing Court shall insist upon satisfactory proof showing compliance of such condition. Mere statement that a stay order has been granted would not by itself be sufficient. The Executing Court must satisfy itself that the condition attached to the stay order has actually been complied with within the period prescribed by the superior Court. {Para 9}

10. If the judgment debtor, the State or the Acquiring Body fails to place proof showing compliance with the condition of deposit within the stipulated period, the Executing Court shall not postpone execution proceedings merely because a conditional stay order exists. In such circumstances, the Executing Court shall proceed further with execution in accordance with law. It shall also make all reasonable efforts to dispose of such proceedings expeditiously so that the claimants are not unnecessarily deprived of compensation already determined in their favour.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

FIRST APPEAL NO.2109 OF 2025

State of Maharashtra Vs Zubeda Fakir Mohammad 

CORAM : AMIT BORKAR, J.

DATED : JUNE 9, 2026

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