Appeal shall not operate as stay of proceedings unless and until, stay order passed by Appellate Court

Citation

AIROnline 2021 MP 827

Madhya Pradesh High Court

(GWALIOR BENCH)

G. S. AHLUWALIA , J.

CR - 284 of 2020 D/- 18 - 6 - 2021

HEMRAJ AND ORS. v. KALLU KHAN

Civil P.C. (5 of 1908), O.41 R.3A, O.41 R.5 - Execution proceeding - Stay of - Delay in filing second appeal not condoned so far - Appeal shall not operate as stay of proceedings unless and until, stay order passed by Appellate Court - In view of O.41 R.5(1) even execution of decree

shall not be stayed by reason that appeal has been preferred from decree - Executing Court directed to proceed further with execution proceedings, till execution of decree is stayed by

Appellate Court.  (Paras 14 , 18)