IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 CRP.No. 405 of 2009() ------------------------------- AGAINST THE ORDER DATED 26/06/2009 IN EP.996 /2005 IN OS.539/1999 of PRL.MUNSIFF COURT, IRINJALAKUDA .................... PETITIONER/1ST RESPONDENT/1ST JUDGMENT DEBTOR/PLAINTIFF IN THE SUIT: --------------------------------------------------------------------------------------------------------------------- BALAKRISHNAN, AGED 83, S/O.THUMBARATHY KITTU, PULLUR DESOM, PULLUR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. MR.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN MR.K.RAVI (PARIYARATH) RESPONDENTS/PETITIONERS AND THE 2ND RESPONDENT/DCREE HOLDERS AND THE 2ND JUDGMENT DEBTOR/DEFENDANTS IN THE SUIT: ---------------------------------------------------------------------------------------------------------- 1. APPU, S/O.PAMBLIYATH KORAN, PULLUR DESOM, PULLUR VILLAGE, MUKUNDAPURAM TALUK. 2. LEELA, W/O.PABLIYATH APPU, PULLUR DESOM, PULLUR VILLAGE, MUKUNDAPURAM TALUK. 3. MURIYAD GRAMA PANCHAYATH REP BY ITS SECRETARY OF MURIYAD GRAMA PANCHAYATH. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP.No. 405 of 2009 ORDER ON I.A. NO.2010/2009 IN C.R.P. NO.405/2009 DISMISSED 28/07/2009. SD/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. S.S.SATHEESACHANDRAN, J. ------------------------------- C.R.P.NO.405 OF 2009 () ----------------------------------- Dated this the 28th day of July, 2009 O R D E R The revision has been filed by the 1st judgment debtor in E.P.No.996/2005 in O.S.No.539/1999 on the file of the Principal Munsiff's Court, Irinjalakuda. Resisting the execution, the above judgment debtor raised a plea that the execution of the decree is barred by limitation. Though an appeal was preferred by the judgment debtor against the decree of the trial court, there was no stay during the pendency of that appeal interdicting the decree holder from enforcing the decree was the sheet-anchor on which the judgment debtor raised the plea that the executability of the decree is barred by limitation. The decree holder contended that there was a merger of the decree of the trial court with that of the appellate court as the appeal has been disposed on merits. The learned Munsiff negatived the objection raised by the judgment debtor and held that the execution of the decree CRP.405/09 2 is not barred by limitation. Propriety and correctness of that order is impeached in the revision. 2. I heard the learned counsel for the petitioner/ 1st judgment debtor. From the submissions made and considering the facts and circumstances presented, I find no notice to the respondents is necessary, and, hence, dispensed with. When does a decree becomes enforceable in a case where an appeal is filed against the decree of the trial court is the question that is canvassed in the revision. That question is no longer res integra and it has been held by the apex court in Ratnasingh v. Vijaysingh (2001 (1) KLT 327 (SC)), that filing of an appeal would not affect the enforceability of the decree unless the appellate court stays it operation, but, if the appeal results in a decree passed that will precede the decree passed by the lower court and it is the appellate court decree which becomes enforceable. When that be the position of law there is no merit in the challenge raised by the judgment debtor that the execution proceedings taken pursuant to passing of the appellate decree with the decree of the trial CRP.405/09 3 court merging with that of the appellate court is not executable on the solitary ground that there was no stay during the pendency of the appeal. Enforceability of the decree has to be determined with reference to the merger of the trial court decree with the appellate court decree, and so much so, I find the learned Munsiff was perfectly correct in holding that the execution of the decree is not barred by limitation. Revision is dismissed. S.S.SATHEESACHANDRAN JUDGE prp