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march 1967

Supreme Court of India · 1967-03-02

MULRAJ vs MURTI RAGHONATHJI MAHARAJ

Citation / case number
SC 1966/60197
Court
Supreme Court of India
Petitioner
MULRAJ
Respondent
MURTI RAGHONATHJI MAHARAJ
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that a stay order in execution matters is prohibitory and does not strip the executing court of its jurisdiction unless communicated. The court clarified that the jurisdiction remains intact, and the stay order only prevents further proceedings until the court is made aware of it. The appeal was dismissed, affirming that the permission granted by the Magistrate was valid despite the stay order not being communicated, as the jurisdiction was not lost but merely stayed.

MULRAJ vs MURTI RAGHONATHJI MAHARAJ · Niyam