Legal Question in Real Estate Law in India

Status quo order in civil suit

In a civil court RSA ( filed agains me )coming before Hin'ble High court of Shimla ,the appealent prayed for grant of permanent stay order underorder 41,rules 5,CPC. The Hon;ble court,however granted the pray under order 39 Rules 1&2 CPC. The court order read''The prayer which has been granted is regarding status quo and no more ad interim relief has been granted to the appelant.The security can be asked when execution of a decree is stayed in accordence to the provisions of orders 41 rule 5 CPC whereas the orders have been passed under order 39 rules 1&2 CPC''. whetefr it implies that the execution of decrees passed by lower courts in this connection has not been stayed? what is the difference between these orders 39,rules 1&2,CPD and order 41 rule 5 CPC?


Asked on 7/12/08, 3:13 am

2 Answers from Attorneys

SARATHI VP VP VPS LAW FIRM

Re: Status quo order in civil suit

prayer is for stay of what?

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Answered on 7/12/08, 3:51 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Status quo order in civil suit

If you have any doubts about the order of the High Court, it would be appropriate to approach the High Court for seeking clarification.

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Answered on 7/12/08, 6:06 am


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