IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11687 of 2008(N) -------------------------- AGAINST THE ORDER IN EP.189/04,EA.143/07 IN OS.434/1998 of MUNSIFF COURT, VAIKOM .................... PETITIONER: PETITIONER/JUDGMENT DEBTOR: ------------------------------------------------------- ANNA, CHERUVAMAKALAYIL, MEMURY KARA, MANJOOR VILLAGE, VAIKOM TALUK. BY ADV. SRI.A.K.HARIDAS RESPONDENTS: COUNTER PETITIONER/DECREE HOLDER: ------------------------------------------------------------------ JOSEPH, S/O.PAILY, THOOMBIL HOUSE, KALLARA KARA, KALLARA VILLAGE, VAIKOM TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 11687 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of April, 2008. J U D G M E N T This writ petition is preferred challenging the order Ext.P5, i.e. Order in E.A.143/07 in O.S.438/04. A perusal of the order would reveal that in another form a suit has been filed as O.S.111/07 and an attempt has been made to get the execution of the decree injuncted or stayed. The Court where it is pending dismissed the same and in the CMA also the relief has been refused. Now it has come in another form under Order 21 Rule 27 that a petition is filed. The very reason for requesting for a stay is on account of the pendency of the suit O.S.111/07. The Courts where the said suits are pending had applied their minds and passed an order that an injunction or stay cannot be granted which is confirmed by the appellate court. Therefore circumstances do not exist to invoke Order 21 Rule 26 or 27 of CPC to stay the execution of the decree. Therefore the writ petition is dismissed. M.N. KRISHNAN, JUDGE. ul/-