Stay of decree for permanent injunction
sridhar pasumarthy
(Querist) 13 November 2022
This query is : Resolved
Respected experts,
A decree was passed in a suit filed by plaintiff granting permanent injunction restraining the defendant from interfering with the possession and enjoyment of suit schedule immovable property, on contest.
Now, defendant preferred an appeal along with application under Order 41 rule 5 cpc seeking stay of execution of the said decree. Is it maintainable?
Pls give your valuable inputs. Thanks in advance.
kavksatyanarayana
(Expert) 12 October 2023
Stay by Appellate Court.—(I) An appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree, but the Appellate Court may for sufficient cause order stay of execution of such decree. , stating that an order for the stay of execution of the decree has been made by the Appellate Court shall, pending the receipt from the Appellate Court of the order for the stay of execution or any order to the contrary, be acted upon by the Court of first instance.] (2) Stay by Court which passed the decree.—Where an application is made for a stay of execution of an appealable decree before the expiration of the time allowed for appealing therefrom, the Court which passed the decree may on sufficient cause being shown order the execution to stay.
