- (1.) SHRI M. M. Tiwari has been heard in support of his application dated 9. 9. 53 for grant of a stay order.
(2.) WHAT is sought to be stayed is not the execution of the order of the lower appellate court. , but the initiation of proceedings which shall be started by the trial court in case an application for restitution is presented before. The execution of a decree and the restitution consequent upon the reversal of a decree stand on entirely different footings. The executing court has to execute the decree as it finds it as it cannot go behind the decree. Hence it is evident that execution of a decree may go even if an appeal is filed against it unless the appellate court stays the same. The restitution will take place only after hearing the parties and deciding the terms and conditions thereof is a matter which has to be decided by the executing court. Thus evidently the request for grant of stay of restitution is premature. It will be open to the applicants to raise their odjections to restitution in case restitution is sought by the other party. The court may reject those objections or may uphold them. It would then be timely to repeat this request. The application shall therefore stand rejected at present. .;