GADAMSETTI AMRUTHAVALLI TAYARU Vs. CHANDRAPATI KONDARAJU

JUDGEMENT

(1.) The short and simple question that arises for our consideration is whether the proceedings under S. 144 of the Civil P.C. can be stayed by the court in exercise of the power under O. 41, R. 5 of C.P.C. The matter is before us on a reference by the learned single judge before whom it was contended that the court had no such power.

(2.) The relevant facts may be briefly stated :- Basing on sale certificate obtained after purchasing the property in execution of a decree, the petitioner filed O. S. No. 655 of 1970 I the court of the District Munisff, Ongole for possession. The suit was decreed. The petitioner took possession of the lands in execution of the decree. On appeal by the respondents, the decree was reversed on the sole ground that the suit was barred by limitation. The respondents moved the lower court for restitution and the application is pending.

(3.) Aggrieved by the order of the Appellate court dismissing the suit, the petitioners filed a second appeal which was admitted. Pending the second appeal, they filled the above C.M.P. No. 1736 of 1980 for stay of all further proceedings pursuant to the order of the lower Appellate court. This application is opposed by the respondents.