APPLICATION UNDER ORDER 41 RULE 5 READ WITH SECTION 151 CPC SEEKING STAY OF EXECUTION OF DECREE DATED __ / __ / 20__

 

🏛 IN THE COURT OF [APPELLATE COURT NAME]

(e.g., District Judge / High Court)

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First Appeal No. ___ of 20__

In the matter of:
Appellant:

• [Name],
  S/o / D/o / W/o [Name],
  Resident of [Full Address],
  [Mobile No., Email if applicable]

Versus

Respondent:

• [Name],
  S/o / D/o / W/o [Name],
  Resident of [Full Address],
  [Mobile No., Email if applicable]

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APPLICATION UNDER ORDER 41 RULE 5 READ WITH SECTION 151 CPC SEEKING STAY OF EXECUTION OF DECREE DATED __ / __ / 20__

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The Appellant respectfully submits as under:

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1️⃣ Background

1. The Appellant has preferred the accompanying First Appeal under Section 96 CPC against the judgment and decree dated __ / __ / 20__, passed by the [Trial Court Name] in Civil Suit No. __ of 20__.

2. The said judgment and decree is challenged on serious and substantial grounds, as detailed in the memorandum of appeal.

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2️⃣ Grounds for Stay under Order 41 Rule 5 CPC

1. That under Order 41 Rule 5 CPC, the appellate court has power to stay the execution of the decree pending the disposal of the appeal.

2. That if the execution of the decree is not stayed, the Appellant will suffer irreparable loss and injury which cannot be compensated by restitution if the appeal succeeds.

3. That the Appellant has a prima facie strong case on merits and there is every likelihood that the appeal may succeed.

4. That the balance of convenience is in favour of granting stay.

5. That the Appellant is willing to comply with any terms or conditions that this Hon’ble Court may impose for the grant of stay.

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3️⃣ Legal Requirements under Order 41 Rule 5 CPC

The Appellant satisfies the conditions under Order 41 Rule 5 CPC, namely:

• The appeal has been filed in good faith;

• There is sufficient cause to grant stay;

• Execution of the decree would cause irreparable injury to the Appellant;

• The Appellant is willing to furnish security or comply with conditions if required.

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4️⃣ Prayer

In view of the above, the Appellant prays that this Hon’ble Court may kindly:

a) Stay the execution of the judgment and decree dated __ / __ / 20__ passed by the [Trial Court] in Civil Suit No. __ of 20__, pending final disposal of the First Appeal;

b) Pass any other or further orders as this Hon’ble Court may deem fit and proper in the interest of justice.

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Place: [Location]

Date: __ / __ / 20__

[Signature of Appellant / Advocate]
(Name of Advocate, Enrollment No.)
(Address, Contact Details)