Firslty, as per the information provided by you in the present query, makes it clear that other party is violating the terms of the court.

Secondly, you do not have to file a fresh suit for the same as the decree is in itself an injunction till the time other party doesn’t get the stay on the execution proceedings in the appeal, but they have not done so.

Thirdly, I advice you to file an application before the same court where the suit wa decided as you can file even after the case is over under Order 39 2A application for the compliance of the decrees and to put stay from alienating the property or creating any third party interest in it.

When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely: (a)Where the defendant is trustee of the property for the

plaintiff

(b)Where there exists no standard for ascertaining the actual

damage caused, or likely to be caused, by the invasion; (c)Where the invasion is such that compensation in money

would not afford adequate relief;

(d)Where the injunction is necessary to prevent a multiplicity

of judicial proceedings.

1. yes the executing court can grant interim injunction pending the execution petition under order 21 only. Move an interim stay application before the executing court.

Yes the executing court has power to grant the stay pending the execution petition under the order 21 rule 32 .

Yes it can.

Section 47 of the Code of Civil Procedure confer wide powers on the executing Court to decide all question arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree. Such questions must be decided by the executing Court and no separate suit it maintainable for the purpose

2) executing court can grant injunction order against the judgment debtor restraining him from selling he property

Executing order can stay sale of property by judgment debtor

No, have to apply civil court for injuction and already ordered in your favor what the need of injunction suit. JD shall be subject to contempt if violated court order.

1. Whether Executing Court has power to grant injunction restraining JD from selling suit land and creating third party interest. if so, please let me know the section or order of such act.

If the trial court has passed a decree and judgment in your favor then there is no question of stay order stopping the JD from selling the property.

Who told you that you have to obtain stay against the JD for this since you have already obtained a judgment against the JD, and the execution is mere formality.

As per the judgment the property no more belong to JD hence if he is selling the property to a third person then it can be considered as an offence and illegal act.

He can be pushed inside by lodging a criminal complaint besides contempt of court action against him.

2. if executing court has no such power then what remedies are left for me.

Read the above answer.

whether Executing Court (where the darkhast is pending for execution) has power or jurisdiction under CPC or specific relief act (if so please mention the section or order no) to grant the injection order against JD, who is likely to sell the land being there is no stay or injection order of any court.

There is no necessity for the Execution court to grant stay ort injunction against the JD after the decree has been passed in this regard.

The JD no more owns the property.

Therefore any act done by the JD to sell the property will be considered as an illegal act and an offence under crimninal law.

He can be pushed inside the jail for illegally selling the property.

kindly reply me in "YES or No" and if so then inform under which section or order or rule, the executing court has power.

The provision for injunction in the execution of decree is ;

Section 50 CPC permits the execution of decree of permanent injunction against the legal heirs of judgment debtor.

If an injunction decree is capable of being enforced against a person other than the judgment-debtor by virtue of a statutory provision contained in Section 50 CPC, it can be executed equally against the son who inherits the estate of his father as well as against one who was joint with the father and brought on the record as his legal representative.

if DH suit is decreed in his favour then the JD cannot sell the subject matter of the suit i.e. the suit property

the execution application is only for purpose of executing the decree of the trial court

if the JD is trying to create third party rights then he is clearly violating the judgment of trial court in favour of DH

So DH is not required to file any suit

he can take out contempt proceedings against the JD for contempt of the trial court order and judgment which has decreed the suit in favour of DH

By trying to sell the suit property, the JD is attempting to frustrate the court order which is a clear contempt

once the JD is ordered to deliver the suit property to DH, then he cannot make attempts of selling on the pretext that there is no stay

stay is not required only. The decree is binding on the JD and he cannot override that by frustrating the same by trying to sell