SANJEEVI PADAYACHI Vs. V. RADHAKRISHNAYYA

JUDGEMENT

(1.) The judgment -debtor is the petitioner. He seeks to revise the order refusing to grant him stay of execution of the decree in E.A. No. 89 of 1974 in O.S. No. 1013 of 1972. A preliminary objection was taken that the order refusing to stay under S.20 of Act IV of 1938 is an appealable one and therefore, no revision lies. A Full Bench of this Court has decided in Desikachari v/s. Ramachandra Reddiar, 1951 -I M.L.J. 23;, 64 L.W. 10 (F.B.) that an order on an application for stay of execution is appealable, as it is an order under S. 47of the C.P.C. The decision covers the point and preliminary objection taken is sound. The petition is dismissed with costs.