VENNAVILLI LAKSHMINARASIMHA RAO Vs. GARAPATI MUNEYYA

JUDGEMENT

(1.) This is a petition against the order of the District Munsif of Kovvur dismissing an application under Section 20 of Madras Act IV of 1938 praying, for stay of delivery of property in execution of a decree.

(2.) A simple money decree had been passed against the petitioner and in execution of that decree certain property of his was brought to sale and the sale was confirmed. A petition was put in for delivery of the property and at the time when this application under Section 20 was made, no orders had been passed on the delivery petition. The District Munsif, without giving any reasons for his opinion, stated that no execution petition was pending and dismissed the petition.

(3.) There would be a very serious hiatus in Madras Act IV of 1938, if there was no provision to stay delivery pending an application under Secs.19 and 23 of the Act; but I am satisfied that no such hiatus exists. The terms of Section 20 are wide enough to cover a case of this sort. Delivery of property is the most important stage of execution and merely because full satisfaction has been entered up, it does not mean that execution is at an end. If the property purchased by the decree-holder has not been delivered to him, then execution is not at an end and Section 20 can therefore be applied to stay a delivery proceeding.