AIR 2007 RAJASTHAN 117 ::2007 (4) All LJ NOC 723 ::2007 (4) ALJ 723 ::2007 (4) AIR Kar R 40 ::2007 (4) AKAR (NOC) 427 (RAJ) ::2007 A I H C (NOC) 397 (RAJ) ::(2007) 2 WLC(RAJ) 724 ::(2007) 4 CivLJ 18 ::(2007) 2 ArbiLR 74 ::(2007) 3 CivilCourtC 272 ::(2007) 2 CurCC 307 ::(2007) 3 Bom CR 597 ::(2007) 3 MPLJ 268 ::(2007) 4 Mah LJ 497 ::2007 (2) RenCR 31 ::2007 (2) RajLW 1574 ::(2007) 3 Supreme 399

Rajasthan High Court

Hon'ble Judge(s): Prakash Tatia , J

Civil P.C. (5 of 1908) , S.47, O.41 R.5(1), O.41 R.5(2)— Executability of decree - Decree becomes executable from date of decree - Mere filing of appeal against decree cannot make decree inexecutable - Decree remains executable but its execution can be suspended by the order of Appellate Court as per O. 41, Rule 5 (1) or by the executing Court as per O. 41, Rule 5 (2). The decree becomes executable from the date of decree and mere filing of appeal against the decree cannot make the decree inexecutable. The decree remains executable but its execution can be suspended by the order of the Appellate Court as per Order 41 Rule 5 (1) or by the executing Court as per Order 41 Rule 5 (2). Unless, the decree becomes executable, there cannot arise question of seeking any stay against execution. Not only this, but there is statutory restriction upon the Court of appeal against staying the execution of decree merely by reason of appeal having been preferred to challenge the decree. Order 41 Rule 5 (1), therefore, clearly suggests that the decree becomes executable forthwith unless its operation is deferred by the decree itself or by the order of the appellate Court. Further, the decree becomes executable even before limitation to challenge the decree expires which is clear from sub-rule (2) of Rule 5 of Order 41 CPC. Once the decree becomes executable, it can be stayed ....