PAULOSE Vs. P P JOY

JUDGEMENT

(1.) PETITIONER before me is the judgment debtor in E.P.No.7 of 2010 in O.S.No.339 of 1997 of the court of learned Munsiff, Muvattupuzha. Respondent sued the petitioner for recovery of money. But the suit ended in a dismissal on 20.11.2000. According to the petitioner, he learnt only recently that a decree was passed in A.S.No.184 of 2006 for recovery of money reversing judgment and decree of the trial court. Thereon he applied to the appellate court under Order XLI Rule 21 of the Code of Civil Procedure (for short, "the Code") to rehear the appeal and to condone the delay of 161 days in filing that application. Those applications are posted for appearance of respondent on 22.11.2010. In the meantime executing court is proceeding with the request of respondent for personal execution. Learned counsel states that pursuant to the order that petitioner has sufficient means, he was arrested on 23.09.2010 and since pendency of this Petition in this Court was brought to the notice of the executing court he was released on furnishing security for a day. Learned counsel requests that the execution proceedings may be kept in abeyance until disposal of the applications pending before the appellate court in A.S.No.184 of 2006.

(2.) HAVING regard to the facts and circumstances stated I am inclined to direct that personal execution against petitioner will stand in abeyance till 30.11.2010. In the meantime, it will be open to the petitioner to seek appropriate relief from the appellate court where applications under Order XLI Rule 21 of the Code and to condone the delay in filing that application are pending consideration. Resultantly this Writ Petition is disposed of in the following line: Learned Munsiff, Muvattupuzha is directed to keep in abeyance personal execution against petitioner till 30.11.2010 or till the learned District Judge, Ernakulam passed appropriate orders on the applications preferred by petitioner in A.S.No.184 of 2006, whichever is earlier.