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Venkata Reddi Vs. Obli Reddi and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1910)20MLJ140
AppellantVenkata Reddi
RespondentObli Reddi and anr.
Cases ReferredDame Janbai v. Sale Mahomed I.L.R.
Excerpt:
- order1. we have no doubt that the court can only stay execution under order 45, rule 13(2)(c) after the grant of a certificate : for the admission of the appeal. rule 13(2)(c) refers to stay of execution of the decree appealed from. until the admission of the appeal no decree can be said to have been appealed from. this was the view taken in s.m. bibijarao kumari v. gopichand bothra 5 c.w.n. 562, differing from dame janbai v. sale mahomed i.l.r. (1894) b. 10.2. the petition is dismissed with costs.
Judgment:
ORDER

1. We have no doubt that the Court can only stay execution under Order 45, Rule 13(2)(c) after the grant of a certificate : for the admission of the appeal. Rule 13(2)(c) refers to stay of execution of the decree appealed from. Until the admission of the appeal no decree can be said to have been appealed from. This was the view taken in S.M. Bibijarao Kumari v. Gopichand Bothra 5 C.W.N. 562, differing from Dame Janbai v. Sale Mahomed I.L.R. (1894) B. 10.

2. The petition is dismissed with costs.


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