Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Recovery suit - Execution of ex parte decree was stayed with condition of furnishing security/bank guarantee equal to decreetal amount - Said order has sufficiently secured interest of plaintiff against any uncertainty regarding recovery of decreetal amount - Imposition of such condition..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Mere filing of an appeal cannot and does not operate as a stay of order appealed against - So, merely because order of injunction has been challenged before higher forum does not ipso facto mean that order of appealed against no longer exists, unless of course an order of stay..........
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, Section 10 -- Stay of subsequent suit - Object of S.10 CPC is to prevent Courts of concurrent jurisdiction from simultaneously proceeding with parallel suits involving issues that are directly and substantially the same...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Statutory expression "matter in issue is directly and substantially in issue" signifies an issue that forms the core of dispute, as distinguished from questions that arise merely incidentally or collaterally - Common property forming the subject matter of litigation does not by itself, attract bar of S.10..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Determinative test lies in whether essential legal questions are same and not simply whether the same property or parties are involved - Law does not contemplate a stay where the nature of rights asserted, causes of action invoked or reliefs sought are fundamentally distinct...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Petitioners have instituted two civil suits seeking specific performance of distinct agreement to sell pertaining to two separate portions of property in question - Whereas respondents during pendency of said suits seeking possession of same premises filed eviction petition before Rent Tribunal - Questions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Suit for mandatory and permanent injunction - No material on record to show that defendants have encroached upon or merged any area beyond their admitted possession - Since suit for partition is pending and defendants are in exclusive possession of their respective portions - Any construction raised by..........
Auction sale -- Setting aside - Contention that auction was conducted during pendency of Writ Petition and that High Court's interim order staying confirmation of sale rendered any statutory application unnecessary - This contention is misconceived, as record reveals that while High Court had granted limited interim protection against confirmation of sale, there was no..........
Rent and Eviction -- Fixation of rent - Challenge as to - Lessee challenged the fixation of fair rent but did not seek a stay of its operation before appellate or revisional fora - Mere filing of an appeal does not operate as a stay of decree/order under appeal is the statutory ordainment in O.41.R.5 CPC - Payments were made belatedly and only after protracted litigation..........
