The court can stay execution proceedings under its supervisory jurisdiction when an appeal is anticipated, ensuring justice is served.

J U D G M E N T

The prayers in this petition filed under the enabling provisions contained in Art.227 of the Constitution of India are as follows: “i) To stay all further proceedings in E.P.38/2016 in O.S.63/2006 pending before the Sub Court, Tirur;

ii) Issue such other orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.”

2. Heard Sri.N.Deepa, learned counsel appearing for the petitioners. In the nature of the order that is proposed to be passed in this petition, notice to the respondents will stand dispensed with.

3. Smt.N.Deepa, learned counsel appearing for the petitioners submits on the basis of the instructions of her party that Ext.P-3, which is an appelable order, is not challenged in this petition and that the petitioners will be filing appeal before the District Court, Tirur, to challenge Ext.P-3 order dated 23.11.2017 on E.A.No.412/2016 in E.P.No.38/2016 in O.S.No.63/2006 on the file of the file of the Sub Court, Tirur, within a period of 10 days from today along with an application for grant of stay and that until orders are passed thereon, the impugned execution proceedings in E.P.No. 38/2016 may be directed to be kept in abeyance.

4. Having regard to the facts and circumstances of this case, it is ordered in the interest of justice that all further proceedings in E.P.No.

O.P.3537/17

38/2016 in O.S.No. 63/2006 on the file of the Sub Court, Tirur, shall be kept in abeyance until 31.12.2017 or until orders are passed on the stay application in the appeal proposed to be filed by the petitioners to challenge Ext.P-3 order, whichever is earlier.

With these observations and directions, the aforecaptioned Original Petition (Civil) stands finally disposed of.