Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 20, Rule 12 -- Eviction order - Execution - Stay during pendency of appeal - Rent of Rs.600/- per month fixed almost 18 years ago - Stay of execution subject to payment of Rs.4, 000/- p.m. as mesne profits - Cannot be said to be excessive...........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5 -- Revision - Revisional Court can impose conditions for grant of stay - However, conditions cannot be imposed for admitting a revision petition for hearing on merits...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of operation of Judgement - Restoration of possession - Warrant of possession with stipulation regarding withdrawal, if stay granted in appeal - Possession delivered - Operation of Judgment stayed subsequently - Benefit taken under the judgment has to be restored - Decree holder directed to restore possession...........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 41, Rule 5 -- Execution - Stay - Executing Court can stay execution of decree for a reasonable time only in two circumstances (i) to approach the same Court which passed the decree and to get an order of stay of operation of decree; (ii) to enable a party to file an appeal and get order of..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Mere preferring of an appeal does not operate as stay on the decree or order appealed against nor on the proceedings in the Court below - Appellate Court is not ordained to grant an order of stay merely because an appeal has been preferred and an application for an order of stay has been made - Appellate Court while passing..........
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution subject to payment of Rs.15, 000/- per month in addition to the contractual rate of rent - Tenant as per Delhi Rent Control Act does not include a person against whom an order or decree for eviction is passed -..........
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution - Contractual rent Rs.371.90 since 1944 - Premises situated in prime commercial locality - Tenant directed to pay Rs.15, 000/- per month as charges for use and occupation during pendency of appeal - No fault can be..........
Civil Procedure Code, 1908, Order 41, Rule 5(3), Civil Procedure Code, 1908, Order 27, Rule 8A -- State is not required to give the security...........
Civil Procedure Code, 1908, Order 21, Rule 32, 26, Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Order of status quo regarding possession passed in an appeal against decree of specific performance - Execution not stayed - Executing Court directed to proceed with the execution and get the sale deed executed in favour of D.H. in accordance with law...........
Limitation Act, 1963, Article 135, Civil Procedure Code, 1908, Order 41, Rule 5 -- Execution - Mandatory decree - Appeal against - Merely filing of an appeal does not amount to stay or mere institution of appeal does not prevent D.H. to execute the decree unless appellate Court puts an embargo the decree is executable - If the appellate Court stays the execution..........
