CHELLAPPAN PILLAI Vs. MATHAI

JUDGEMENT

(1.) The petitioner seeks to vacate the interim stay order by the execution court in proceedings under the Kerala Agriculturists Debt Relief Act. The controversy between the parties to the main application is about the applicant not being an agriculturist and the amount in deposit with the court not being debt so as to attract the provisions of the Act. The court below has only directed stay of the withdrawal by the revision petitioner of the amount in deposit with the court, pending the decision of the application, and the revision petition is to vacate the order. The petitioners learned advocate has urged before me firstly, that the aforesaid order is without jurisdiction; and, secondly, that the courts present adjudication would adversely affect the decision of the issues in the main application. It is unfortunate that the adjudication about the debtor being an agriculturist, has been delayed so long; for, I feel the apprehensions of the revision petitioner in this case are not justified. It is clear that courts have jurisdiction to prevent their final decisions becoming barren, and consequently have power to stay acts by the parties, which threaten such results. The appellate courts, acting on this principle, have directed stay of the orders appealed against; and the reasons, which have brought about such decisions, may well extend to adjudications of applications under the Kerala Agriculturists Debt Relief Act. I am fortified in this view by Thomas v. Krishna Iyer 1959 KLT 1233 and, therefore, the objection as to jurisdiction in the case, fails.

(2.) I am also satisfied that the observations of the court concerning the interim stay order are not meant to prejudice the decision in the main application, and are walled by the proceedings, in which they were made For these reasons, I see no force in the revision petition, which is accordingly dismissed with costs. As I have already observed, the proceedings in the main application have been pending for a long time, and I hope the execution court would decide the application within four months of receipt of the records, which will be sent to the court below immediately.