Going by the plain meaning of Order XLI Rule 5,
it provides for only stay of the proceedings
under a decree or stay of execution of the
decree. The provision does not empower the
appellate court to stay the operation of the
judgment. Stay of operation of the judgment is
not the same as staying the operation of the
proceedings under a decree or staying the
execution of a decree. 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.
6. In the impugned order, the appellate
court has indicated the reasons for granting the
order of stay. Therefore, I do not find any
force in the submission that the order is bad for
application of mind and lack of reasons. At the
same time, even on being convinced of the reasons
for granting stay, the appellate court could have
stayed only the proceedings under the decree or
execution of the decree and not, the operation of
the judgment.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
MR.JUSTICE V.G.ARUN
OP(C) NO. 963 OF 2021
RAVEENDRAN Vs LALITHA
Dated this the 1st day of November, 2021
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