1986 Supreme(AP) 544

Andhra Pradesh High Court
Judges : K.RAMASWAMY
B.Narayanappadu @ Yendodu - Appellant
Versus
B.Yerrappadu @ Yerrappadu - Respondent
C.R.P. No. 2529/84
Decided On : 12-26-86
Advocates Appeared :
Mr. K. V. Subrahmanya Narsu,Mr. Y. Satyanarayana

Headnote:CIVIL PROCEDURE CODE - Order 41 Rules 1 and 5- Unconditional stay in money dacree for mesne profits cannot be granted by appellate Court

       Held : The appellate Court has to Gee before granting or refusing to grant stay as to what is the amount the appellant is disputing against the decree appealed against in respect of which the appeal is filed and then the Court has to pass an order either to deposit the amount in dispute or furnish security or such other order as it may deemed fit If the appellant fails to comply with such an order, then in view of the nonobstante clause in sub-rule (5,) of rule 5, the Court is precluded to grant stay

       C R P Allowed