THANKAYYAN NADAR Vs. RETNASELVI

JUDGEMENT

(1.) A suit for redemption has been filed in O.S. No.152 of 1970 on the file of the District Munsif Court, Kuzhithurai. After contest, the suit was decreed. An appeal was filed in A.S. No.357 of 1977 by the aggrieved defendants, but however, the same was dismissed. The second appeal filed in S.A. No.1660 of 1979 before this Court also met with the same fate.

(2.) E.P.No.145 of 1996 was filed to execute the decree in O.S. No.152 of 1970. The respondents in the E.P. i.e., 25th and 26th defendant in O.S. No.152 of 1970 filed a suit in O.S. No.56 of 1986 on the file of the District Munsif Court, Kuzhithurai, praying the Court to set aside the judgment and decree passed in O.S. No.152 of 1970, confirmed in A.S. No.357 of 1977 and in S.A. No.1660 of 1979 and to declare the plaintiff's title and possession over the plaint schedule property and for other reliefs. The respondents in the said E.P. filed E.A. No.22 of 2000 underO.21, Rule 29 and Sec.151, C.P.C., praying the Court stay the Execution Proceedings in the suit till the final disposal of O.S. No.56 of 1986 pending in the Court of the First Additional District Munsif, Kuzhithurai.

(3.) THE power granted to stay execution under this Rule is purely discretionary and needless to mention, the same is to be exercised on sound judicial principles and not capriciously. Though no Court has exclusively laid down the principles on which stay has to be granted underO.21, Rule 29, but clearly the party has to establish sufficient cause. THE power conferred underO.21, Rule 29, C.P.C. being an extraordinary power, unless extraordinary cause is made out, the execution case filed under another decree should not be stayed. THE person, who seeks for stay, has to establish substantial apprehended loss or arguable questions of substantial nature or the like. It has to be borne in mind that though Rule 29 does not in terms require the establishment of sufficient cause, this is implied in view of the power being discretionary. Or in other words, if this power is not used on sound judicial principles, then in each and every case, the loser in the previous round of litigation would institute a suit and prevent execution of the decree obtained in the first suit.