J U D G M E N T

This is an original petition filed under Article 227 of the Constitution of India by the judgment debtor in E.P.No.9 of 2020 (in O.S.No.26 of 2017) pending before the Sub Court, Devikulam.

The respondent herein is the decree holder.

2. Heard the learned counsel for the petitioner on admission.

3. The grievance pointed out by the learned counsel for the petitioner is that the petitioner filed a petition to set aside the ex-parte decree passed by the Sub Court, Muvattupuzha in O.S.No.26 of 2017 dated 17.02.2020. In the meanwhile, the said ex-parte decree has been transmitted to Sub Court, Devikulam for execution. Thereafter, the petitioner filed E.A.No.44 of 2021 under Order 21 Rule 26 of the Code of Civil Procedure for staying the execution. But the Execution Court dismissed the application as per order dated 16.12.2021.

4. The learned counsel for the petitioner pressed for stay of execution of the decree after setting aside Ext.P7, the order impugned.

5. It is not in dispute that Order 21 Rule 26 of the Code of Civil Procedure enables a judgment debtor to canvass an order of stay in executing the decree for a reasonable time to enable the judgment debtor to apply to the c