SIHOR NAGAR PALIKA BUREAU vs BHABHLUBHAI VIRABHAI & CO.

The Supreme Court addressed the issue of the stay of execution of a money decree under Order XLI Rule 5 of the Code of Civil Procedure, 1908. The Court held that the Appellate Court has the discretion to either require a deposit of the disputed amount or allow the furnishing of security, emphasizing that such discretion must be exercised judiciously based on the circumstances of the case. The Court granted the appellant's request to provide security in place of cash deposit, thereby staying the execution of the decree pending appeal.