V. MOHAN BHAT Vs. MAHEESH S.

JUDGEMENT

(1.) The order under challenge in this proceedings is Ext.P3 passed by the learned Munsiff, Kochi in E.A. No.79 of 2017 in E.P.No.106 of 2016 in O.S.No.127 of 2013. It is seen that the petitioner approached the court with an application under Order 21, Rule 26 of the Code of Civil Procedure (in short, CPC) requesting to stay the execution proceedings, until the appellate court, where the decree was belatedly challenged, passed orders on a stay petition filed alongwith the appeal.

(2.) Heard the learned counsel for the petitioner and perused the impugned order.

(3.) It is seen that the suit was decreed and after two years, the defendant/petitioner approached the appellate court. The appeal is filed with a petition under Section 5 of the Limitation Act seeking condonation of delay and a stay petition is also filed. Grievance of the petitioner is that the lower court failed to exercise its jurisdiction under Order 21, Rule 26 CPC to grant a stay in his favour. Order 21, Rule 26 CPC reads as follows: