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Issues: Whether the mere filing of an appeal, without any interim stay, could justify refusal of the No Objection Certificate and sustain the High Court's refusal to interfere.
Analysis: Under Order XLI Rule 5 of the Code of Civil Procedure, 1908, the filing of an appeal by itself does not operate as a stay of the decree. In the absence of any interim order staying the decree, the decree continues to operate and the authorities cannot refuse relief merely because an appeal has been lodged and is pending for listing.
Conclusion: The rejection of the No Objection Certificate on the ground of a filed but unstayed appeal was unjustified, and interference with the High Court's order was warranted.
Final Conclusion: The High Court's order was set aside and the District Magistrate was directed to issue the No Objection Certificate within two weeks, subject to the result of the pending appeal.
Ratio Decidendi: Mere filing of an appeal does not suspend the operation of the decree unless there is an order of stay; until then, the decree remains enforceable and relief cannot be denied on that basis alone.
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