DURGA PRASADA NAIDU Vs. MALLIKARJUNA PRASADA NAIDU

JUDGEMENT

(1.) This is an appeal under Art. 15 of the Letters Patent against an order made by Mr. Justice Boddam refusing a stay of execution.

(2.) A preliminary objection has been taken that no appeal lies since the order appealed against is not a judgment within the meaning of Art. 15 of the Letters Patent.

(3.) We think the objection is well founded. The order appealed against does not affect the merits of the question between, the parties by determining any right or liability in dispute in the suit or appeal. Sec. 545 of the Civil P. C. expressly provides that execution of a decree shall not be stayed by reason only of an appeal, having been preferred against the decree, but the Appellate Court may for sufficient cause order the execution to be stayed.