MOHANAN A B Vs. GRACIOUS

JUDGEMENT

(1.) Respondents appear through counsel.

(2.) Petitioners are judgment debtors in E.P.No.14 of 2011 (in O.S.No.214 of 2009) of the Court of learned Principal Munsiff, Kochi. Respondents obtained an ex parte decee for eviction of petitioners from the suit property and the building situated thereon from the learned Additional Munsiff, Kochi and sought execution of that decree in E.P.No.14 of 2011 before the learned Principal Munsiff. Petitioners filed E.A.No.84 of 2011 under Order XXI of Rule 26 and 28 of the Code of Criminal Procedure (for short, "the Code") requesting for stay of execution on two grounds; that they have already filed applications to set aside the ex parte decree and that an original application filed by them before the Land Tribunal on a plea of kudikidappu is pending consideration. Executing court dismissed that application by Ext.P5, order observing that the applications do not mention even the number of the applications or other details and counsel who represented petitioners in the executing court was not able to give details regarding that. Ext.P5, order is under challenge.

(3.) Learned counsel for petitioners contend that petitioners have a genuine plea of kudikidappu over the property which matter is pending consideration before the Land Tribunal. It is submitted that the application to set aide the ex parte decree together with the application to condone delay of 210 days is also pending consideration before learned Additional Munsiff, Kochi and in the meantime if petitioners are evicted they will be put to irreparable loss and injury.