Mian MUSHTAQ AHMAD vs Ch. BASHIR AHMAD,

The petitioner filed a petition seeking leave to appeal against an interlocutory order passed by the High Court in a First Appeal arising from an ex parte money decree of Rs. 50,000 based on a pro-note. By the impugned order, the High Court admitted the appeal but refused to grant a stay of execution of the decree, while directing that the decree-holder could not withdraw the decretal amount without furnishing adequate security to the satisfaction of the executing court. The core legal question concerned the propriety of the High Court's refusal to stay execution alongside the conditional allowance of withdrawal. The Supreme Court dismissed the petition, thereby upholding the interlocutory discretion exercised by the High Court regarding execution and security. The key principle laid down is that appellate courts possess discretionary power in execution matters during pending appeals, and conditional stay orders requiring security for withdrawal are competent when balancing the interests of both judgment-debtor and decree-holder.