NEKKANTI GOPALA KRISHNA MURTHY Vs. DARIANKA RAMALAKSHMI

JUDGEMENT

(1.) The Revision Petitioner is the 1st respondent-Decree-holder in E.A. No.480/99 in E.A.No.430/99 in E.P. No.98/95 in O.S.No.16/85 on the file of Subordinate Judge, Tanuku.

(2.) The Revision Petitioner filed a suit O.S.No.16/95 on the-file of Subordinate Judge, Tanuku for the relief of specific performance of an agreement of sale dated 3-7-1984 against respondents 3 and 4 and the suit was decreed on 22-3-1994 and the said decree became final and the Revision Petitioner filed E.A.No.430/99 in E.P.No.98/95 for taking possession of the schedule property and at that juncture the respondents 1 to 3 herein filed an application E.A.No.480/99 for stay of execution of the decree in O.S.No.16/85 under order 21 Rule 26 r/w. Section 151 C.P.C. and the Revision Petitioner had opposed the said application stating that they being strangers to the litigation, such parties have no locus standi to maintain an application under Order 21 Rule 26 C.P.C. and even in the facts and circumstances of the case Section 151 C.P.C. cannot be invoked. The Court below after discussing the matter at paragraph-5 of the impugned order had allowed the said application granting stay for a specific period and the Revision petitioner, aggrieved by the same, he preferred the present Revision.

(3.) Sri R. Sudhir, counsel representing Sri C. Kodanda Ram, the learned counsel for the Revision petitioner had made the following submissions. The parties who filed the application being strangers and non-parties to the litigation, have no locus standi to file an application under Order 21 Rule 26 C.P.C. Even otherwise, the suit O.S.No.16/85 specified supra, was decreed on 22-3-1994 and the purchase alleged by them was on 19-9-1991, which is hit by the doctrine of lis pendens under Section 52 of the Transfer of Property Act. The learned counsel also had contended that to attract the provisions of Order 21 Rule 26 C.P.C., several ingredients are to be satisfied and since none of those conditions are satisfied, the Court below had committed a jurisdictional error in allowing the application. The learned counsel also had placed reliance on The Allaliabad Bank Ltd., Calcutta v. Chaitram choudhari and others, M/s. Xaca (India) Pvt. Ltd. v. Jarmina Prasad Kaviraf, Surendranath Mohanty and another v. Harthar Das and another and also Ram Lal v. Radhey Lal and another.