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GOPINATH P.
Ajithkumar, S/o. Sukumara Panicker – Appellant
Versus
Sunitha Devi, D/o. Radhamma – Respondent
JUDGMENT :
This review petition has been filed by the 1st respondent in O.P.(C) No.1145 of 2021. A reading of the judgment sought to be reviewed will show that for reasons recorded in my judgment, the review petitioner/1st respondent was not issued with notice in O.P.(C) No.1145 of 2021. Because the directions in O.P.(C) No.1145 of 2021 were issued without hearing the review petitioner/1st respondent in O.P.(C) No.1145 of 2021, I have heard the review petitioner at length.
2. The review petitioner suffered a decree in O.S.No.372 of 2017. That decree is dated 01.03.2021. On 23.06.2021, the decree-holder (the petitioner in O.P.(C) No.1145 of 2021) applied for execution of the decree. On a complaint that contrary to the mandate of Order XXI R.22 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code), the executing court had issued notice to the judgment debtor, O.P.(C) No.1145 of 2021 was filed before this Court essentially seeking a direction to the executing court to proceed in the manner prescribed by Order XXI R.22 of the Code. On an appreciation of the provisions of Order XXI R.22 of the Code and the judgments cited at the bar, this Court disposed of O.P.(C) No.
Notice to the judgment debtor in execution proceedings is mandated only under specific provisions; courts may dispense with it otherwise, provided it does not cause undue prejudice.
Power of review can be exercised for correction of a mistake but not to substitute a view. Such powers can be exercised within the limits of the statute dealing with the exercise of power.
A payment or adjustment of a decree outside the Court must be recorded within thirty (30) days from the date of payment or adjustment. A payment or adjustment not recorded within the said period shal....
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
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