N N SATHEESAN Vs. JOSEPH

JUDGEMENT

(1.) PETITIONER is challenging Ext. P3 order passed by Munsiff , Kochi dismissing E. A. 372/2006 in E. P. 96/2006. Application was filed under Order XXI rule 26 of Code of Civil Procedure to stay the execution proceedings till the petitioner could get an order of stay in A. S. 6/2000 which stood dismissed for default, on the ground that application for restoration is pending. Order XXI rule 26 has no application to the facts of the case. Under Rule 26 an application is maintainable to stay the execution, to enable judgment debtor to apply to the court by which the decree was passed or to any court having appellate jurisdiction in respect of the decree or the execution thereof. That rule is applicable only in a case where the decree was passed by one court and is transferred for execution for another court. In such a case Rule 26 enables judgment debtor to apply before the transferee court for stay of execution so that he can approach the court which passed the decree or the court having appellate jurisdiction for relief. There is no infirmity in Ext. P3 order passed by learned Munsiff warranting interference in exercise of the extra ordinary jurisdiction under Article 227 of Constitution of India. Writ petition is dismissed. . .