— Limit of time for execution — Scope — Once an execution petition has been filed by the decree holder, it cannot be dismissed for no default of the decree holder unless it is executed by satisfying the decree — If any application of the decree holder is dismissed for no default of the decree holder without satisfying the decree, the second application being similar in scope and character to the previous one, the letter will be deemed to ancillary one in continuation of the previous one — A fresh application in terms of Section 48 of CPC would be only that application; if the previous application of the decree holder was finally disposed of and after that a fresh application is filed by decree holder against parties or properties different from those proceeded against previous execution petition — Mere fact that when a decree passed by the trial court is being executed by the executing court and during the said period, the appellate court reverses the judgment and decree of the trial court and as a consequence thereof, the execution is dismissed and when the said decree of the trial court is ultimately restored by the revisional court or the Apex Court, the first application so dismissed followed by the second application after the final judgment passed by the Superior Court shall not be regarded as fresh application because the earlier application was never decided in accordance with manner and procedure provided under Order XXI of CPC which inter alia envisages for satisfaction of the decree through process of execution. [2024 CLS 32 = 2024 CLC 256]

— Appeal is the continuation of original proceedings before the higher forum for the purpose of testing the soundness of the decision of the lower court and for the purpose of execution, it is the final decree/order of the last court in the series, even if such a decree, etc be of affirmation which has to be executed. [2024 CLS 32 = 2024 CLC 256]

— If a decision is challenged it does not mean that it becomes ineffective, and need not be complied with. [2024 SCLR 25 = 2024 SCMR 142 = 2023 SCP 375]