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1998 Supreme(Ker) 331

S.SANKARASUBBAN
Arul Pavalin – Appellant
Versus
Rajan Achary – Respondent


Judgment :-

S. Sankarasubban, J.

This C.R.P. is filed against the order in E.A. 155/97 in E.P. 26/97 in O.S.344/94 of the Munsiff s Court, Chengannur. The petitioners filed a petition under 0.21 R.29 for staying the execution of the decree till the disposal of O.S.312/97 pending in the same court. O.S.344/94 was a suit for injunction prohibitory and mandatory against the original first defendant there regarding some items of properties. During the pendency of that suit, the first defendant died and his legal representatives are impleaded. It seems during the pendency of that suit, the property was alienated in favour of the present petitioner. That suit was decreed. On a perusal of the judgment, it is seen that after filing the written statement, the defendant did not contest the suit. Thus, the suit was decreed only on the basis of the documents produced by the plaintiff. The contention of the present petitioners is that there is no pathway and hence the injunction decree passed in the above suit is to be set aside. When he moved the court in suit O.S.312/97, that court was of the view that the petition should be moved before the executing court. So they filed E. A. 155/97 for stay


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