VASANTHA Vs. RADHAKRISHNAN

JUDGEMENT

(1.) THIS revision has been filed against the dismissal order passed by the lower court in E.A.No.22 of 2010 in E.P.No.58 of 2009 in O.S.No.52 of 2006 on the file of District Munsif Court, Sirkazhi, an application to dismiss the execution proceedings for sale of the property.

(2.) HEARD Mr.V. Venkataseshan, learned counsel for the petitioner.

(3.) IT is not disputed that the suit in O.S.No.206 of 2009 is pending for the same relief against the 2nd respondent and now the petitioner has also filed a claim petition in E.A.No.23 of 2010 and it is still pending before the lower court. Therefore, the execution proceedings should have been commenced only after the disposal of E.A.No.23 of 2010. The lower court had not found any prima facie case over the claim of the petitioner and therefore, it did not grant any stay of E.P. However, if the claim application in E.A.No.23 of 2010 is pending before the said court, it should have been disposed of first and thereafter it has to proceed with the E.P. For that purpose the proceedings of the E.P need not be stayed as required in the application in E.A.No.23 of 2010. Admittedly the suit in O.S.No.206 of 2009 is pending in between the respondents 1 and 2. Therefore, the execution court need not wait for the result of the said suit except under the circumstances contemplated under Order 21 Rule 10 (1) and 10(4) of CPC since the claim petition in E.A.No.23 of 2010 has to be adjudicated by the execution court and therefore to proceed further in accordance with law.