P K DINESAN Vs. HOTEL AROOR RESIDENCY

JUDGEMENT

(1.) This Writ Petition is in challenge of Ext.P6, order on Ext.P5, application preferred by the petitioner in the executing court for stay of execution proceedings. It is not disputed that there is a compromise decree passed by the learned Munsiff, Cherthala which respondent wanted to execute. At that stage petitioner filed Ext.P4, application on the trial side to recall the compromise decree on various grounds. Petitioner filed Ext.P5, application in the executing court to stay execution proceedings which resulted in Ext.P6, order. It is contended that Ext.P6, order is not correct and it even goes into merit of Ext.P4, application to recall the compromise decree. Learned counsel for respondent contends that there is no justification in stalling execution of the compromise decree and on facts there is no reason why the compromise decree should be recalled. It is contended that objection raised to the executability of compromise decree in the execution side was rejected by the learned Munsiff as per Ext.P6, order dated 09.04.2010.

(2.) I do not find reason to interfere with Ext.P6, order refusing to grant stay of execution proceedings in the execution side . But the question whether Ext.P4, application is with merit or not is a matter which the court on the trial side has to decide. The observations if any made in Ext.P6, order cannot bind the claim made as per Ext.P4, application which has to be decided on its merit.

(3.) I stated that there is no reason to interfere with Ext.P6, order. But I make it clear that if so advised and if otherwise entitled it will be open to the petitioner to move appropriate application for stay of execution on the trial side where Ext.P4, application is pending and if any such application is preferred learned Munsiff shall pass appropriate orders considering the facts of the case and hearing respondent as well. It is directed that sale deed pursuant to the compromise decree shall not be executed for a period of ten days from this day. With the above observation Writ Petition is dismissed.