Appeal

Querist : Anonymous (Querist) 06 December 2011 This query is : Resolved
Dear all,
If an appeal hasbeen preferred against the judgement passed by the lower court and the first appeal is admitted by the High Court does it mean stay of execution of the decree passed by the lower court untill final order against the appeal is passed.

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Shailesh Kr. Shah (Expert) 06 December 2011
Merely admitting appeal, doesn't mean to stay unless the court order the same.

ad. creaminall (Expert) 06 December 2011
i agree with Mr. Shailesh.

Advocate Bhartesh goyal (Expert) 06 December 2011
Mr Shailesh is absolutely right.

ajay sethi (Expert) 06 December 2011
agree with shailesh no automatic stay unless specific order have been passed

Guest (Expert) 06 December 2011
Appeal has no effect unless judgment is delivered on the basis of appeal or some specific stay order is obtained to stall the action temporarily against the order of the lower court.

prabhakar singh (Expert) 06 December 2011
Filing an appeal does not ipso facto suspend the operation of judgement and decree appealed against unless a stay is also sought for and appellate courts grants the same.