IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 CRP.No. 736 of 2008() --------------------- AGAINST THE ORDER DATED 19/09/2008 IN EP 81/08 EA 205/08 IN OS.258/2005 of PRL.M.C., KOCHI .................... REVN. PETITIONER(S): JUDGMENT DEBTORS 1 TO 3 ------------------------------------------------------------------------------------- 1. MARY, KOMAROTH HOUSE, KAPPALANDY MUKKU, KOCHI-2. 2. COLUMBUS, -DO- 3. NOBLE, -DO- BY ADV. SRI.V.PREMCHAND RESPONDENT(S): DECREE HOLDER -------------------------------------------------------- DR. SACHMOR THOMAS, REP. BY POWER OF ATTORNEY, SHAJI FRANCIS, PALAKKATTU HOUSE, LIG 27, SHANTHI NAGAR, KOCHI. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/09/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = C.R.P.No.736 of 2008 = = = = = = = = = = = = = = Dated this the 30 th day of September, 2008 ORDER The revision petitioners are defendants 1 to 3 in O.S.No.258/2005 filed by the 1st respondent herein before the Munsiff's Court, Kochi seeking fixation of boundary and consequential remedies. The said suit was decreed by the trial court on 30.11.07 after a contest. Aggrieved by the decree, petitioners claim to have filed an appeal before the Sub Court, Kochi as A.S.No.44 of 2008. The petitioners claim to have filed an application for stay of the decree passed by the trial court . The grievance of the petitioners is that their appeal was after several adjournments heard under Rule XLI Order 11 C.P.C, but no orders have been passed and therefore no orders have been passed on the stay petition also and while so, the Executing Court has proceeded with the execution proceedings in E.P.No.81/08. The revision petitioners moved the Executing Court under Order 21 Rule 26 C.P.C by filing E.A.No.205/2008 seeking stay of execution. The said petition was dismissed for C.R.P.No.736 of 2008 2 the reason that the petitioner had filed an appeal against the decree and also sought for a stay in execution of the decree. Eventhough I do not find any illegality or impropriety in the order passed by the Executing Court, since it was brought to the notice of that court that against the decree passed in the suit, an appeal has been filed along with a petition to stay the execution, that court could have awaited the orders, if any, passed by the appellate court. Accordingly, this C.R.P is disposed of directing the Munsiff's Court, Kochi to stay all further proceedings in E.P.No.81 of 2008 in O.S.No.258 of 2005 till 22.10.08. Dated this the 30 th day of September, 2008. V. RAMKUMAR, JUDGE sj Issue copy today itself