Fernando v. Girigoris – 1978_79 volume 2 page 024

In the case between Fernando (petitioner) and Girigoris (respondent), the court addressed whether a court retains discretion to grant or refuse an application for execution of a decree pending appeal when the judgment debtor is included as a respondent, within the context of the Civil Procedure Code (sections 761 and 763) and the impact of Law No. 20 of 1977. The earlier order of the District Judge permitted execution against the petitioner without consideration of a stay pending appeal. It was determined that section 763 permits the court discretion to stay execution, and that the 1977 amendment does not abrogate such discretion. The District Judge’s order was set aside, a fresh inquiry into the petitioner’s objections was ordered, and costs were awarded to the petitioner. The decision re