Order XLI Rule 5 CPC allows only stay of execution of decree and not stay of operation of judgment: Kerala High Court

"An order staying the operation of the judgment will amount to staying the findings in the judgment, which cannot be done at the stage of admission," the High Court said.
Order XLI Rule 5 CPC allows only stay of execution of decree and not stay of operation of judgment: Kerala High Court
Kerala high court and Justice VG Arun

Order XLI Rule 5 of the Code of Civil Procedure provides for only stay of the proceedings under a decree or stay of execution of the decree and does not empower the appellate court to stay the operation of the judgment, the Kerala High Court recently held (Raveendran v Lalitha).

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