G ARUMUGAM Vs. P JAYARAMAN

JUDGEMENT

(1.) This Civil Revision Petition has been preferred under Section 15 of the Code of Civil Procedure against the Order dated 2.2.2012 made in E.A. No. 143 of 2011 in E.P. No. 69 of 2011 in O.S. No. 146 of 2001 on the file of the District Munsif Court at Jayankondam. The Petitioner herein was the Defendant/Decree-holder in the Suit in O.S. No. 145 of 2001 and the Petition was filed before the Court below under Order 21, Rule 26 of the Code of Civil Procedure (hereinafter referred to as "the Code"), whereby the Petitioner sought an Order to stay the Execution proceeding. Execution Application in E.A. No. 143 of 2011 in E.P. No. 69 of 2011 in O.S. No. 146 of 2001 was filed by the Respondent herein before the District Munsif Court, Jayankondam seeking an Order of Stay of the Execution proceeding before the Court below on the ground that he had preferred Second Appeal in S.A. No. 3861 of 2009. Though the Second Appeal was dismissed on 30.3.2011 by this Court, as there was no representation for the Respondent herein who was the Appellant in the said Second Appeal. Subsequently, the Respondent herein filed M.P. No. 1 of 2011 seeking order to set aside the ex parte Order of dismissal of the Second Appeal of this Court. On the aforesaid circumstances, the Respondent herein filed the Application in E.A. No. 143 of 2011 before the Court below alleging that the Revision Petitioner/Decree-holder is taking steps to evict the Respondent herein by executing the Decree and on that ground, the Respondent herein filed the aforesaid E.A. No. 143 of 2011 seeking stay of the Execution Petition proceeding under Order 21, Rule 26 of the Code. In the Counter, the Revision Petition herein had raised objection that the aforesaid M.P. No. 1 of 2011 was filed by the Respondent herein before this Court.

(2.) It was argued by the learned Counsel for the Revision Petitioner that after the dismissal of the Second Appeal, the Respondent/Judgment-debtor is not entitled to seek an Order of Stay under Order 21, Rule 26 of the Code of Civil Procedure before the Court below. However, without getting any stay from this Court, the Respondent herein filed a Stay Petition against the E.P. proceeding before the District Munsif Court, Jayankondam under Order 21, Rule 26 of the Code and got an Order, which is against law.

(3.) It is seen from the impugned Order that the Revision Petitioner, who was the Respondent before the Execution Court in E.A. No. 143 of 2011 has stated that he is a Senior Citizen aged about 84 years. It is seen that the Respondent herein who suffered a Decree is protracting the proceeding by getting stay before the District Munsif Court after the dismissal of the Second Appeal by this Court, without any justification, the District Munsif, Jayankondam, by his Order dated 2.2.2012 passed in E.A. No. 143 of 2011 has granted stay of the E.P. proceedings till the disposal of the Miscellaneous Petition in M.P. No. 1 of 2011 pending on the file of the High Court.