231 — การทุเลาการบังคับในระหว่างอุทธรณ์

คำแปลภาษาไทย

The lodging of an appeal does not operate to stay execution under the judgment or order of the court of first instance. However, a party who has lodged an appeal may, at any time before judgment, apply to the appellate court, by motion setting out reasonable grounds for the application, for a stay of execution. Such an application may be filed by the appellant with the court of first instance until the time the court makes an order granting leave to appeal; after the court has made such an order, it shall be filed directly with the appellate court. If the application is filed with the court of first instance, that court shall promptly forward it to the appellate court. In a case of extreme urgency, when the court of first instance has received the application, it shall have power to order a stay of execution pending the appellate court's decision on that application. If the appellant deposits with the court of first instance a sum sufficient to satisfy the judgment debt, including the fees for the action and for execution, or provides security for such a sum to the satisfaction of the court, the aforementioned court shall stay execution as provided in Section 292.
(1) Upon receiving such an application, the appellate court may grant a stay of execution in a case of urgency without hearing the other party; but in such a case, this order shall be regarded as provisional until the court has subsequently heard the other party. If the court orders a stay of execution as applied for, this order may or may not be subject to any conditions. The court may order the appellant to give an undertaking not to move or dispose of his property during the appeal, or to provide security to the court sufficient for the sum payable under the judgment, or to deposit that sum with the court. If the appellant fails to comply with that order, the court may order the seizure or attachment of the appellant's property; and if such property, or any part of it, is movable property, the court may order it to be sold by public auction if it appears that the sale is necessary and proper because the property is perishable or because keeping it during the appeal would likely lead to difficulty or require a large expense.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก