https://www.taxtmi.com/caselaws?id=281035 Order XLI Rule 1(3) and Order XLI Rule 5(5) CPC confer discretion on the appellate court to require either deposit of the disputed amount or other security as it considers fit when granting stay of execution of a money decree. That discretion must be exercised judicially on the facts, and although execution of a money decree is ordinarily not stayed because restitution remains available on appeal, suitable stay conditions may still be imposed. On the facts, security of immovable property was held sufficient, and the insistence on cash deposit was unwarranted. The condition requiring cash deposit was set aside. en-us Thu, 21 Apr 2005 00:00:00 +0530 Thu, 30 Jul 2026 11:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=281035 Order XLI Rule 1(3) and Order XLI Rule 5(5) CPC confer discretion on the appellate court to require either deposit of the disputed amount or other security as it considers fit when granting stay of execution of a money decree. That discretion must be exercised judicially on the facts, and although execution of a money decree is ordinarily not stayed because restitution remains available on appeal, suitable stay conditions may still be imposed. On the facts, security of immovable property was held sufficient, and the insistence on cash deposit was unwarranted. The condition requiring cash deposit was set aside. Case-Laws Indian Laws Thu, 21 Apr 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=281035