ANTHIYUR TOWN PANCHAYAT Vs. G. ARUMUGAM AND ORS.

JUDGEMENT

(1.) This Revision arises out of the Order passed by the Principal District Munsif, Bhavani in E.A. No. 167 of 2014 in E.P. No. 219 of 2004. The Petitioner is the 2nd Defendant in O.S. No. 267 of 1992 which was filed by the father of the Respondents namely G. Arumugam against the Petitioner and one Nagarajan for recovery of possession. After contest, the Suit was dismissed by the learned District Munsif, Bhavani but in the Appeal in A.S. No. 109 of 1999, the Plaintiff succeeded. The learned Appellate Judge decreed the Suit on 14.11.2000.

(2.) The Petitioner chose to file C.M.P. No. 4874 of 2006 to condone the delay in filing the Second Appeal. This Court, on 17.4.2006 dismissed the Application. Aggrieved by the Order, the Petitioner filed an Appeal before the Hon'ble Supreme Court and the same is pending in S.L.P. No. 10988 of 2006.

(3.) The Decree-holder levied an Execution Petition in E.P. No. 219 of 2004 for delivery of possession. The Petitioner filed E.A. No. 167 of 2014 under Order 21, Rule 26 & Section 151, C.P.C. seeking stay of further proceedings in the Execution Petition till the disposal of the SLP. The Application was opposed by the Decree-holder. The Executing Court dismissed the Application. Challenging the order, the present Revision is filed.