Order XLI Rule 5 CPC: Pendency of appeal is not stay on Decree held by Supreme Court

07 May 2024 2:49 AM

By: Admin

The Top Court has stated that Order XLI Rule 5 CPC does not provide a stay based only on the filing of an appeal.

In this instance, the petitioner asked the High Court to order the District Magistrate to issue a No Objection Certificate so that an HSD/MS retail outlet dealership could be opened on the property.

However, the High Court rejected the argument after observing that an appeal against the petitioner's favouring decree had been filed in the High Court and had not yet been heard. The petitioner filed a High Court petition challenging this ruling.

The High Court was not justified in denying the plea, according to the Bench of Justices AS Bopanna and Hima Kohli.

The Bench ruled that, in light of the rules of Order 41 Rule 5 CPC, the mere filing of an appeal would not serve as a stay until it is listed and there is an interim order.

As a result, the court accepted the plea and instructed the DM to note the decree and provide the petitioner with a NOC within two weeks.

The court made it clear that the outcome of the appeal, which is still pending in the High Court, would continue to be a factor in this order.

Sanjiv Kumar Singh

State of Bihar