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2016 Supreme(Online)(KER) 636

HIGH COURT OF KERALA
K.HARILAL, J
ABDUL RAHMAN – Appellant
Versus
ABDUL NAZAR – Respondent


JUDGMENT

Since the parties are common and the matters in issue and relief sought for are identical, both the O.P.(C)s are heard together and disposed of accordingly.

2. The petitioners are the Judgment Debtors in E.P.No.1044/2009 in O.S.No.498/1983 on the files of the 2nd Additional Munsiff’s Court, Thrissur. The petitioner filed E.A.No.756 of 2016 in the aforesaid petition under Order 21 Rule 29 r/w 151 of C.P.C. to stay all the further proceedings in the Execution Petition on the ground that the petitioner had filed O.S.No.1555/2009, O.S.No.1435/09 and O.S.No.212/2010 before the Sub Court, Thrissur challenging the decree, which is sought to be executed in the aforesaid Execution Petition. After considering the objections filed by the respondents, the Execution Court dismissed the said petition, by Ext.P8. The legality and correctness of Ext.P8 order is under challenge in these O.P.C.s.

3. Heard the learned counsel for the respondent and the learned counsel for the respondents.

4. The sole ground raised in the Execution Application seeking the stay of all further proceedings in the Execution Petition is that he had preferred O.S.No.1555/2009, O.S.No.1435/2009 and O.S.No.212/ 2010 chal

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