IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27167 of 2008(H)
1. RAJU.V.V, S/O.PAPPAN, VALLIYAMTHADATHIL,
... Petitioner
2. KUNJUMON.C.J, S/O.JANARDANAN,
Vs
1. JOSEPH FELIX, MADIYATHU HOUSE,
... Respondent
2. JOSEPH THOMAS, MADIYATHU HOUSE,
For Petitioner :SRI.TITUS MANI
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :05/09/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
...........................................
WP(C).No. 27167 OF 2008
............................................
DATED THIS THE 5th DAY OF SEPTEMBER, 2008
JUDGMENT
This petition is filed under Article 227 of Constitution of
India to quash Ext.P3 order passed by executing court,
dismissing an application filed by petitioners, who are judgment
debtors 4 and 12, to stay the execution of the decree passed by
the court in O.S.65 of 2002 till disposal of O.S.163 of 2008
instituted by them subsequently and pending before Munsiff
Court, Kanjirappally.
2. Learned counsel appearing for petitioners was heard.
The argument of the learned counsel is that Rule 29 of Order
XXI of Code of Civil Procedure enables petitioners to apply for
stay of the execution of the decree till disposal of the subsequent
suit and therefore Ext.P3 order is to be quashed. Learned
counsel argued that if ultimately a decree is to be granted in
favour of plaintiffs in O.S.163 of 2008 and the decree in O.S.65
of 2002 is executed meanwhile, the very purpose of filing the suit
will be defeated and in such circumstances, order of stay is to be
granted.
3. On hearing the learned counsel, I do not find any
WP(C) 27167/2008 2
reason to interfere with Ext.P3 order. The question whether
petitioners have a prima facie case to get an order of stay of
execution of the decree granted against them in O.S.65 of 2002,
is to be decided in O.S.163 of 2008. Petitioners are entitled to
file an application for stay of execution of the decree in O.S.65 of
2002 in O.S.163 of 2008. If such an application is filed, learned
Munsiff to consider the same and pass appropriate order in
accordance with law.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-