3.I have heard Mr.K.N.Govardhanan, the learned counsel appearing for the petitioner and Mr.G.Sridharan, the learned counsel appearing for the respondents 4 & 5. The object of the petitioner is to delay the proceedings. She had filed a suit for partition and also filed an Execution Application. In terms of Order 21 Rule 101 of Civil Procedure Code, the Executing Court is vested with the power to decide all questions including the questions relating to the right title and interest of the property arising between the parties to the proceedings on an application under Rule 97 Order 99 or Order 21 of Code of Civil Procedure. Therefore, the Executing Court being a competent Court, I do not see any reason to transfer the Execution Proceedings, to the file of the Principal District Court. In order to prevent any possibility of there being, conflicting judgments, if the proceedings go on separately, I am of the opinion that this is a fit case, where, I can invoke my power under Article 227 of Constitution of India and stayed the proceedings in partition suit till such time the execution proceedings are disposed of. In view of the same, Civil Revision Petition is dismissed. Proceedings in O.S.No.28 of 2011 will stand stayed, till the disposal of the Execution Application No.130 of 2011 by the Executing Court.
