2026 Supreme(Online)(Ker) 34079

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. Ravi, J
C.V. Shibu – Appellant
Versus
C.V. Thankappan – Respondent
OP(C) NO. 870 OF 2025

An appellate court or supervisory court may extend a stay of execution proceedings during the pendency of an appeal to allow a party sufficient time to seek stay orders from the First Appellate Court.

Headnote:The petitioner filed an Original Petition challenging an order of delivery passed during the pendency of an appeal before the District Court. The central statute involved is the Code of Civil Procedure, specifically regarding stay of execution proceedings during the pendency of an appeal. The court considered that the appeal is currently pending and records have been called for. The main issue was whether the stay of execution proceedings should be extended to allow the appellant to seek appropriate relief from the First Appellate Court. The court reasoned that in view of the pending appeal and the upcoming hearing date before the appellate forum, it was appropriate to extend the existing stay to prevent potential prejudice. The Original Petition is disposed of, with the court extending the stay granted for a further period of three months to enable the petitioner to move the First Appellate Court for necessary orders.