Supreme Court: Application For Compensation by Landlord at belated stage Can't Be Entertained When Appeal Is Ready For Final Hearing

 In my opinion if Interim Application as per the ratio laid down by the judgment of Atma Ram Properties (supra) is preferred in a short span of time after the Appeal is admitted and stay is granted to the execution of eviction decree, the same can be decided by Appellate Court on its own merits, by putting the tenant on reasonable terms.

But certainly such an application preferred much later for fixing market rent/compensation, after the Appeal is ready for final hearing, would not be entertainable when both the parties were heard at the time of Admission of Appeal and the execution of judgment and decree of eviction was stayed.{Para 7}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 15729 OF 2023

IN

CIVIL REVISION APPLICATION 646 OF 2012

Brijbhushan Chandrabali Shukla Vs Shri. Mahendra Yadav, S/o

Lavjari S. Yadav 

CORAM : RAJESH S. PATIL, J.

DATED : 12 JANUARY 2024.

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Kerala HC: Appellate court can only stay execution of decree and not stay the operation of the judgment

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.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP (C) No. 963 of 2021

Decided On: 01.11.2021

Raveendran Vs. Lalitha and Ors.

Hon'ble Judges/Coram: V.G. Arun, J.

Citation:  MANU/KE/2771/2021.

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