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HIGH COURT OF KERALA
K.P.JYOTHINDRANATH, J
ABDUL RAHMAN – Appellant
Versus
BINOY – Respondent
OP (CIVIL) 2710/2016
Property - Execution Proceedings - Article 227 - The court dismissed the petitioner's request to stay execution proceedings, affirming the importance of timely legal decisions and the limitations of relief under Article 227.
Fact of the Case:
The petitioner, a bona fide purchaser of land since 1989, sought to stay execution proceedings due to an unresolved interlocutory application related to a prior suit concerning the same land.
Finding of the Court:
The court found that the petitioner could not sustain his claim since the vendor acquired the property during the pendency of the earlier suit, and the request for a stay was not permissible under Article 227.
Issues: Whether the execution proceedings can be stayed pending the disposal of an interlocutory application filed by the petitioner.
Ratio Decidendi: The court emphasized the procedural rights and the necessity for the lower court to adjudicate the pending interlocutory application without unnecessary delay, but affirmed that relief under Article 227 was not warranted in this instance.
Final Decision: The petition is dismissed.
J U D G M E N T
The case of the petitioner is that the petitioner is a bonafide purchaser of 29.5 cents of land. It was purchased as back as in 1989. He constructed a house and was stayed therein for the last so many years. Now, it is found that he is a party in an execution proceeding in O.S.No.498/1983. Seeing that the subject matter of the said suit is in respect of his property, he filed O.S. 1462/2009 before the Sub Court, Thrissur. His prayer is that even though he moved an I.A. 9185/2009 in O.S. 1462/2009, so far the said I.A. is not ordered and the execution proceedings is going on. His prayer herein is to stay the execution proceedings till the disposal of I.A. 9185/2009.
2. In this case, the learned counsel for the respondent submitted before this court that the vendor of the petitioner herein obtained the property pending the said suit. Under such circumstances his claim will not be sustained.
The prayer made herein is not allowable under article 227 of the Constitution of India. Under such circumstances, this petition is dismissed. Surely, the petitioner got a grievance that even though the interlocutory application i.e. I.A. 9185/2009 is filed in the year 2009, so far not ordered. If the said I.A. is still pending, the court below shall consider the same and dispose of the same in accordance with law.
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