take Order
XLI Rule 5 of the CPC into consideration while deciding an application for
stay of an award; such an order is discretionary ... that under Order XLI Rule 5 CPC , the
Court has the power to direct full or part deposit and / or to furnish security
Additional District Judge, Chittoor, whereby the petition filed
under Order XLI Rule 5 of Code of Civil Procedure (for short ... Order XLI Rule 12 of C.P.C . and passed the
impugned order basing on the A.P.Amendment to Order XLI Rule 5
till appeal period
is over, by passing order on 15/10/2019 and operating
part of said order reads thus:-
"1. Execution of decree ... over on furnishing the
security of Rs. 25 laksh by the defendants
as per Order XLI Rule 5
Geoenpro Petroleum Ltd vs Geophysical Institute Of Israel on 12 May, 2020
Author: Jyoti Singh
Cases 800 [Diwan Bros. Vs.
Central Bank of India, Bombay and others]
(5) AIR 1970 Supreme Court 1953 [ Mata Din Vs.
Narayanan ... that the date of hearing, as contemplated by
the provisions of Order XLI Rule 12 of C.P.C . is the date on which
this connection, reference may be made to the provisions of Order XLI Rule 5(1) CPC
which provides that an appeal shall not operate ... decree.
Reference may also be made to the provisions of Order XLI Rule 1(3) CPC , which provides
that if the appeal is against
over the disputed land and while
considering the application under Order XLI Rule 5 of CPC , this Court
has ample power to impose specific condition ... ultimately be passed against the
appellants in terms of Order XLI Rule 5(3) of the Code of Civil
Procedure .
At this juncture, learned counsel
Urmila Devi vs Branch Manager, National Insurance ... on 30 January, 2020
Equivalent citations: AIR 2020
Indira Gandhi National Open University vs M/S Sharat Das & Associates Pvt.Ltd on
Mary W/O Anil Mascarenhas vs John Bernard Mascarenhas on 5 March, 2020
Bench: P
