2024 SCMR 1385
PLJ 2024 SC 874.
Before parting with this judgment we deem it necessaiy to comment upon the eventuality which is repeatedly being seen in the proceedings of various cases, when the matter is pending before the High Court or this Court, the learned trial court on the move of any of the parties or even without reference of any of the parties stays the proceedings of the trial court or the proceedings of the execution or sine die adjourn the same in order to wait for the final determination or decision of the Court.
Order XX Rule 1 of the Supreme Court Rules, 1980 clearly shows that the execution proceedings as well as the proceedings before the learned trial court do not automatically stay when the petition is filed before this Court unless an injunctive order is granted by this Court. When the injunctive order is not granted by this Court the parties to the proceedings applying for stay of the proceedings or execution without any injunctive order from this Court and in some eventualities we have seen that after refusal of injunctive order from this Court the parties to the proceedings before the learned trial court apply for stay of execution or proceedings in the suit which is not only a clear cut abuse of process of law but it is contempt of court. We observe that if this practice is carried on by the parties or even learned trial court while ignoring all these factors i.e. sine die adjourning the proceedings or stays the proceedings of the suit without any injunctive order, will face the consequences of said illegal order.
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