PERUMAIYA Vs. T MUNIYAPPA

JUDGEMENT

(1.) THIS revision is directed against the order passed in I.A.19 of 1986 in the un-numbered appeal on the file of the District Judge, Dharmapuri.

(2.) THE respondents herein filed an appeal before the District Court, Dharmapuri, against the judgment and decree in O.S.188 of 1979 on the file of the District Munsif, Hosur. As there was delay in filing the said appeal, they filed a petition in I.A.18 of 1986 to excuse the delay in filing the said appeal. Pending disposal of the said appeal they also filed another application in I.A.19 of 1986, for staying of the operation of the decree passed by the trial Court. It was resisted by the petitioners herein on various grounds, excepting the ground on which the present revision is now filed. THE learned Judge granted stay as prayed for. Aggrieved against the said order, the petitioners have filed the present revision petition.

(3.) IN the result, this revision petition is allowed and the order passed by the lower appellate Court is set aside. Since the decree is for permanent and mandatory injunction, the decree-holders are likely to execute the decree and demolish the construction even before the disposal of the petition filed for excusing the delay in filing the appeal. Therefore, the lower appellate Court is directed to dispose of the petition in I.A.No.18 of 1986 in the un-numbered appeal within one week of the date of receipt of this order. Meanwhile, it is open to the respondents herein to move the executing Court for grant of reasonable time. No costs.