A decree would not be suspended by merely filing an appeal: Supreme Court

The Supreme Court has reaffirmed that until an appeal is listed and an interim order is issued to that effect, the mere filing of an appeal would not serve as a stay of a decree [Sanjiv Kumar Singh v. State of Bihar and Others].
A division bench of Justices AS Bopanna and Hima Kohli noted in a decision last week,”… keeping in view the provisions as contained in Order 41 Rule 5 of CPC, unless the appeal is listed and there is an interim order, the mere filing of the appeal would not operate as a stay.”
The Patna High Court’s ruling from August 18, 2022, which denied the appellant’s request for the District Magistrate to provide a “No Objection Certificate” (NOC) to open a retail outlet, was being appealed before the court.

This news is written by Ms. Amrita Singh, Research Assistant, All India Legal Forum.


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