STAY PETITION UNDER SECTION 151 CPC

 

🏛 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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STAY PETITION UNDER SECTION 151 CPC

(Seeking stay of execution/operation of decree dated __ / __ / 20__)

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The Appellant most respectfully submits as under:

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1️⃣ Preliminary Submissions

1. That the Appellant has filed the above First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated __ / __ / 20__, passed by the [Trial Court name] in Civil Suit No. __ of 20__.

2. That the present petition is being filed to seek stay of the execution/operation of the said decree pending final disposal of the appeal, in exercise of inherent powers of this Hon’ble Court under Section 151 CPC.

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2️⃣ Grounds for Stay

1. Because the Appellant has a prima facie strong case on merits and the appeal raises substantial questions of law and fact.

2. Because if the decree is executed, the Appellant will suffer irreparable loss and injury which cannot be adequately compensated in terms of money.

3. Because the balance of convenience lies in favour of granting stay pending appeal.

4. Because no prejudice will be caused to the Respondent if the stay is granted, while the Appellant will face serious hardship otherwise.

5. Because the ends of justice require that the operation/execution of the impugned decree be stayed pending final disposal of the appeal.

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3️⃣ Prayer

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

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

b) Pass any other or further order(s) 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)