Civil Rev under OCI Art 227 and stay of execution

Querist : Anonymous (Querist) 26 April 2011 This query is : Resolved
Mandatory injunction/status quo is passed by lower court.

No appeal lies at HC.

But preferring to challenge the Order by
Writ 227 at HC.

Want to know under which sections in addition to cpc 151, one may apply for 'stay of execution' of Order.

Will Order 41 rule 5 (substantial loss etc) also applicable to writs under227, to get the stay of Order.

Please advise.

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Kiran Kumar (Expert) 26 April 2011
your query is totally confusing.

please mention the proper facts and proper questions involved in the matter.

Raj Kumar Makkad (Expert) 26 April 2011
Generally section 151 is invoked in writs filed under Article 227 seeking stay under execution of impugned order under revision, however, it facts of case warrant material being covered under Order 41 Rule 5 of CPC then these may also be mentioned. CPC is totally applicable in High Courts also.

R.Ramachandran (Expert) 27 April 2011
I completely agree with the views of Mr. Makkad. While the writ petition before the HC would be under Article 227 read with Sec. 151 CPC, in the contents of the writ petition, you can clearly bring out the ingredients of Order 41 Rule 5 CPC, if they are present in your case.

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