JANAKI AMMA Vs. BHARATHI AMMA

JUDGEMENT

(1.) Revision petitioners are the defendants in O. S.265 of 1980 of the Principal Munsiff's Court, Trivandrum. They filed E. A. 618 of 1986 to stay further proceedings in execution of the decree in O. S.265 of 1980 till the final disposal of the partition suit O. S.728 of 1968. The learned Munsiff dismissed the petition.

(2.) The contention of the revision petitioners is that the property sought to be redeemed in O. S.265 of 1980 is also scheduled in O. S.728 of 1968 which is a partition suit in which they are also entitled to a share and that therefore the Court below ought to have granted stay as prayed for. It is the admitted case that in O. S.728 of 1968 a preliminary decree was passed and the matter is pending in the final decree stage.

(3.) Revision petitioners contend that as they are entitled to a share in the property as per the decision in O. S.728 of 1968 it is only fair and proper that further proceedings in execution of the decree in O. S.265 of 1980 is stayed till the disposal of the final decree proceedings in O. S.728 of 1968. Counsel for the respondent submitted that the executing court has considered the objection filed by the petitioners and the court ordered delivery of the property on 26-6-1986 and only at that stage E. A. 618 of 1986 was filed.