STATE OF ORISSA Vs. BAIKUNTHA NATH PANDA

JUDGEMENT

(1.) MISC . Case No. 105 of 2003 1. This is a petition by the appellant -petitioner for stay of further proceeding of Execution Case No. 10 of 2000 pending in the Court of learned Civil Judge (Senior Division) 1st Court, Cuttack till disposal of this appeal.

(2.) THE plea of the appellant -petitioner is that the award, which is under challenge in the appeal is being executed in the above noted execution proceeding and if the execution is carried then the purpose of the appeal will be frustrated.

(3.) LEARNED Addl. Standing Counsel stated that the provisions of Order 27, Rule 84, CPC exempts the State Government from demand of deposit of decretal amount or furnishing of security for such amount as a condition for grant of stay. According to him, the provisions of Order 41, Rule 1 (3) and Order 41, Rule 5(5),C.P.C. are not applicable to the State Government. In support of this contention, he relies on the case of Collector, Cuttack v. Padma Charan Mohanty 50 (1980) CLT 91.