S. Duraimanickam vs D. Ilavarasi -CPC- Interim Relief In First Appeal

Civil Procedure / Appellate Jurisdiction — Interim relief in first appeal — Protection against dispossession pending appeal — Ordinarily where the order under appeal has serious consequences, a stay of the order pending consideration of appeal is appropriate, otherwise the remedy of appeal might be rendered nugatory1. However, the appellate court can always impose conditions for the stay to protect the interest of non-appellant. [Context: The Supreme Court set aside the Madras High Court’s order vacating interim protection against dispossession granted to the appellant in a pending first appeal, restoring the earlier interim order.]