LOHRE Vs. PEDDI

JUDGEMENT

(1.) THIS is an application for stay of execution of a decree for injunction An Interim order was made on the 29th April, 1954 and the decree holder was asked to show cause.

(2.) THE decree holder showed cause and the only ground on which the stay application is opposed is that the decree has not yet been executed and so the application is premature. In support of his argument, Shri P. C. Bhandari on behalf of the decree holder relies upon a single Judge ruling of Lahore High Court in the case of Narain Singh vs. Anoop Singh (l ). It was held following the ruling of Bombay High Court in Janardhan vs. Nilkantha (2) that no order of stay of execution can be made, if there is no application for execution of a decree under appeal pending before any court.