Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - First appellate Court should have taken a decision on stay application, as in first appeal all questions of facts and law are to be considered by first appellate Court, which is also the last Court of facts...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Tenant who is concededly in possession of property ought not to be evicted at the interim stage of deciding an application U.O.41.R.5 CPC - Eviction of tenant at the interim stage would naturally render appeal infructuous qua his rights, as in the meanwhile landlord shall be at liberty to..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - O.41.R.5 CPC empowers appellate Court to impose conditions for staying execution of decree of trial Court...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Stay of decree for payment of mesne profits, passed jointly and severally against defendants - Stay order not reasoned - Therefore, it shall be open for plaintiffs to move a fresh application before appellate Court, praying for mesne profits as also for enhancement of mesne profits during course of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 5(2) -- Scope - Stay of execution - Provision of O.41.R.5(2) CPC applies, if execution is filed within the limitation period for filing appeal against the trial court's decree...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution till disposal of second appeal - Eviction decree - There is no scope to pass any blanket stay order without any terms and conditions - Execution of eviction decree stayed till disposal of appeal subject to payment of occupational charges of Rs.10,000/- p.m by tenant...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - First appeal is sub judice and during pendency thereof if decree is executed and petitioner is dispossessed from suit property or title is transferred to plaintiff, same would cause irreversible and irreparable damage qua rights of defendant - Defendant has all throughout..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 5 -- Stay of execution proceedings till disposal of first appeal - Petitioner has preferred an appeal as against judgment and decree passed in suit and he has having good case in appeal - Direction issued to First Appellate Court to dispose of appeal within a period of eight weeks...........
