Kandachery Sarojini vs V.P.Vasu

The decree passed by the Courts below has become final after the disposal of R.S.A. No. 1138/2013. The execution of the decree therein cannot be stayed in O.S. No. 65/2014 filed by the petitioner anew. This is particularly so when no fraud either extrinsic or intrinsic has been alleged in the disposal of O.S. No. 65/2014.

2. The Court below was justified in refusing stay of execution of the decree in I.A. No. 423/2014 in O.S. No. 65/2014 as sought.

The Original Petition is dismissed.

V.CHITAMBARESH JUDGE DCS