This order dismissed a civil revision filed by a judgment debtor challenging the dismissal of his application to stay execution. The court held that absence of an appellate court stay order entitles the decree holder to proceed with execution, and it is the petitioner's duty to secure such a stay.
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HONOURABLE SRI JUSTICE N.V. RAMANA CIVIL REVISION PETITION No:258 OF 2012
ORDER:
This revision is filed against the order dated 6.8.2010 passed in EA No.162 of 2010 in EP No.32 of 2009 in O.S.No.52 of 2000 on the file of the Additional Senior Civil Judge, Chittoor.
The petitioner-Judgment debtor filed the application viz., EA No.162 of 2010 seeking to keep the E.P. proceedings in abeyance till the appellate Court condones the delay in filing the appeal and grants stay of judgment and decree in the suit. The respondent-decree holder contested the said application contending that the application is filed only to prolong the proceedings in the E.P. The Court below dismissed the said application on the ground that it is for the petitionerjudgment debtor to file appeal in time and obtain stay. As long as there is no order passed by the appellate Court staying the judgment and decree, the decree holder is entitled to proceed with the EP. Hence, the present revision has been filed.
Heard the learned Counsel and perused the material available on record.
The petitioner preferred an appeal with delay condone application against the judgment and decree in the suit, which the decree holder sought to execute. Admittedly, no stay is granted by the appellate Court staying the judgment and decree. Until and unless the appellate Court stays the execution of the decree, the decree holder is entitled to proceed with for execution of the decree.
The petitioner having filed the appeal, it is for him to move the appellate Court and get stay of execution of the decree. The petitioner without pursuing his remedy before the appellate Court, filed the present application, seeking stay of the EP Proceedings, which the Court below has rightly dismissed, and I find no error, whatsoever to interfere with the same.
The Civil Revision Petition is accordingly dismissed. No order as to costs. However, the petitioner is at liberty to pursue his remedy before the appellate Court.
__________________ Justice N.V. Ramana
Dated:3.12.2011 Nn.
THE HON'BLE SRI JUSTICE N.V. RAMANA
CIVIL REVISION PETITION No: 258 OF 2012
Nn
3.12.2011
2 issues framed by the court
Whether a judgment debtor can seek to keep execution proceedings in abeyance merely by filing an appeal with a delay condonation application without obtaining a stay from the appellate court.
Whether the lower court erred in dismissing the application to stay execution proceedings in the absence of an appellate court stay order.
Petitioner-Judgment Debtor
Decree Holder
N.V. Ramana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
