Stay of execution pending appeal (Order XLI Rule 5 CPC)

Asking the appellate court to stay the decree under appeal: substantial loss, no delay and the security offered (Order XLI Rule 5(3)).

Make it free in Dastavo

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How the paper begins

With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.

IN THE COURT OF District Judge, Amarnagar

Civil Appeal No. 77 of 2026

Anil Verma son of Shri Ramesh Verma, aged about 31 years, resident of House No. 204, Sector 9, Shantipur, District Shantipur, Haryana

…Appellant / Applicant

Versus

Vikram Singh son of Shri Harbans Singh, aged about 52 years, resident of House No. 45, Gulab Colony, Amarnagar, Tehsil and District Amarnagar, Punjab

…Respondent

APPLICATION UNDER ORDER XLI RULE 5 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR STAY OF EXECUTION OF THE DECREE UNDER APPEAL

Respectfully Showeth:

1.That the applicant has filed the above appeal against the judgment and decree dated 30-09-2026 passed by the learned Civil Judge (Junior Division), Amarnagar, which directs the appellant to pay ₹3,27,581 to the respondent with interest at 6% per annum from the date of the suit; the appeal is pending before this Court.

2.That the respondent has filed an execution application before the learned trial court, which is fixed for 05-11-2026, and has asked for the attachment of the house of the appellant.

3.That the appeal raises substantial questions of fact and law and has every chance of success; its grounds may be read as part of this application.

The rest of the paper is in Dastavo.

What to bring

Papers to bring

A certified copy of the judgment and decree under appeal, and the memorandum of appeal as filed, with its number
The execution papers, if execution has begun: the notice, or the warrant of attachment or possession
Proof of the loss you fear, such as papers showing the house is your only home or the shop your only living
The security you can offer: an FD, property papers (jamabandi or deed) or a surety with papers
Your identity proof, and a vakalatnama in favour of your advocate, signed by you

Where to go

Filed through your advocate with the appeal, in the appellate court (usually the District Judge; the High Court above the District Judge's limit); notice goes to the decree-holder.

Fee

Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.

Good to know

An appeal alone does not stop the decree: the court stays it only for substantial loss, on an application made without unreasonable delay, and with security for the decree (Order XLI Rule 5(3)).
For a money decree, the court usually asks for the amount, or part of it, to be deposited or secured.
Before the appeal is filed, the court that passed the decree can also stay it for sufficient cause, if asked within the time for appeal.

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee on a plaint, petition or appeal depends on the relief and its valuation under the state's court-fee law; affix the court-fee stamps (or the e-court-fee receipt) and any welfare stamps as the court office directs.