K. HYDROOS Vs. P. K. HASSAN ALI

JUDGEMENT

(1.) The application under Article 227 of the Constitution of India has been filed by one of the judgment debtors and one K. Hydroos, being aggrieved by and dissatisfied with the order dated July 27, 2023 and October 11, 2023 passed in Other Execution Case No.15 of 2021.

(2.) No arguments were set forth on the order dated July 27, 2023. By the said order, the learned executing court rejected the prayer for stay of the execution proceeding. The learned court was of the view that, as the writ of execution of the decree had been issued by order dated July 24, 2023, directing the bailiff to hand over the possession to the decree holder upon complying with all formalities, execution could not be stayed at the eleventh hour.

(3.) By the order impugned dated October 11, 2023, the learned Judge rejected the application dated October 10, 2023. The said application was filed by the petitioners under Order 21 Rule 2 of the Code of Civil Procedure. The Court was of the view that the decree in the suit, could not be treated to have been adjusted. There was neither any certificate to that effect, nor any admission of such adjustment by the decree holder.