Anchal Block Survodaya General vs K.M.Varghese Kizhakkeveettil

The Execution Court has not erred in releasing the amount to the decree holder in the absence of any order of stay. It should be noted that the appeal filed against the order refusing to set aside the ex- parte decree is filed with a delay of 408 days. Any disbursement of the amount pursuant to the impugned order can only be subject to the final orders in the appeal pending. I do not find any error of jurisdiction warranting interference in exercise of the supervisory jurisdiction. After all the law provides for restitution. The amount paid can be recovered in case the decree is re-opened and the suit dismissed. The Original Petition is dismissed. V.CHITAMBARESH, Judge.

nj.