The High Court may stay execution of a decree pending an appeal to prevent irreparable harm, conditioned upon the petitioner meeting certain obligations.

This application has been filed to dispense with the certified copy of the order dated 03.07.2025 passed in E.P.No.149 of 2025 in O.S.No.423 of 2018 on the file of the Court of the Principal Civil Judge (Junior Division) at Vijayawada.

2. Considering the cause shown in the support affidavit, as also submissions advanced, I.A.No.1 of 2025 is allowed.

3. Filing of the certified copy is dispensed with for the time being, but to be filed before the next date of listing.

____________________ RAVI NATH TILHARI, J I.A.No.2 of 2025

4. The petitioner is the defendant in O.S. No.423 of 2018 on the file of the Court of the Principal Civil Judge (Junior Division), Vijayawada. The said suit was instituted by the respondent/plaintiff seeking eviction of the defendant from the suit schedule property, delivery of vacant possession, and for payment of arrears of rent and damages from 01.05.2018 till the date of delivery of vacant possession. The suit was decreed in favour of the respondent/plaintiff. The operative portion of the judgment, as set out in paragraph No.26, reads as under:

“In the result, the suit is decreed with costs directing the defendant to vacate the plaint schedule premises and to deliver the vacant possession of the plaint schedule property to the plaintiff within three months from the date of this judgment, the defendant is further directed to pay an amount of Rs.22,500/- towards arrears of rent and Rs.4500/- per month from 1.05.2018 till the defendant vacates and deliver the plaint schedule property to the plaintiff towards the damages for use and occupation of the plaint schedule property, failing which the plaintiff is entitled to evict the defendant from the plaint schedule property and also to recover the said arrears and damages from the defendant by following due process of law.”

5. Learned counsel for the petitioner submits that the petitioner has filed an appeal before the Court of the II Additional District Judge, Vijayawada, which is presently pending. In the said appeal, the petitioner has also filed an application under Order XLI Rule 5 of the Code of Civil Procedure, 1908, seeking stay of execution of the decree. It is further submitted that the appeal is posted for hearing in the month of August, 2025.

6. The respondent/plaintiff has filed E.P. No.149 of 2025 for execution of the decree, which is under challenge in the pending appeal before the learned District Judge, and if the petitioner is evicted he would suffer irreparably.

7. Learned counsel further submits that the petitioner is ready and willing to deposit the arrears of rent as well as the entire rent amount in terms of the decree, from 01.05.2018 till date, within a period of four (04) weeks from today and shall regularly deposit damages @ Rs.4,500/- per month every month.

8. Issue notice to the respondent/plaintiff.

9. In addition to the normal mode of service, the petitioner is permitted to take out personal notice to the respondent by Registered Post with Acknowledgment Due and file proof of service by the next date.

10. Post the matter on 22.08.2025.

11. In view of the above submissions, and considering that both the appeal and the stay application are pending, in order to meet the ends of justice, as an interim measure, it is provided that subject to the petitioner depositing the amount as per the decree, i.e., including arrears of rent of Rs.22,500/- as also rent from 01.05.2018 till today @ Rs.4,500/- per month, within a period of four (04) weeks from today, before the Execution Court, further proceedings in E.P. No.149 of 2025 in O.S. No.423 of 2018 on the file of the Court of the Principal Civil Judge (Junior Division), Vijayawada, shall remain stayed.

12. The petitioner shall also make regular paym