Afeela Umma v. Sara Umma – sllr 2009 volume 1 page 116

In the case between Afeela Umma (Petitioner) and Sara Umma (Respondent), the court addressed the issue of whether the execution of a writ should be stayed pending appeal when the judgment-debtor claims substantial loss. It was held that where the likelihood of substantial loss is established by the judgment-debtor, the court is obligated, under Sections 763 and 765(2) of the Civil Procedure Code, to determine whether to stay execution and, if so, impose appropriate conditions such as the deposit of security. Previous authorities were reviewed, clarifying the threshold required for granting a stay. The principle reaffirmed is that the court must give effect to the statutory duty to prevent irreparable harm pending appeal, balancing the interests of both parties. The decision emphasized the