In this Original Petition, the reliefs sought for are as follows. (i) Pass an order setting aside Ext.P6 and Ext.P7 orders.
(ii) Direct the Addl.Munsiff's court, Cherthala to keep in abeyance the proceedings in E.P.No.183/12 in O.S.No.934/1991 on the file of the Addl.Munsiff's Court, Cherthala, till Ext.P4 I.A is disposed of by the Sub Court, Cherthala.
2. After much efforts, the decree holder was able to get the decree and the decree was put in execution and it is posted for delivery. When the case was posted for delivery, the petitioner approached the court below with a petition that she has filed an appeal from the final decree which is pending. It is significant to point out that appeal was filed long after the period stipulated for filing an appeal. That petition is also pending consideration. The court below rejected the prayer for stay of execution.
O.P.(C) No. 2465/2014 2
3. Learned counsel appearing for the petitioner assailed the order of the court below pointing out that even though appeal was filed long ago, it was not taken up for hearing and that has caused considerable prejudice to the petitioner. Under such circumstance, it is pointed out that it is only proper that the delivery is deferred until the appeal is heard.
4. There is no merit in the above contention. Apart from the fact that appeal filed by the petitioner is barred by limitation, there was no attempt from the side of the petitioner to get his appeal and delay condonation petition posted and obtain orders. She waited till the commencement of execution proceedings when she thought of filing an appeal with delay condonation petition. The purpose is quite obvious.
5. The suit is of the year 1991 and we are in 2014. There is considerable lapse of time now and when the decree holder has got the decree, the petitioner has come forward with a case that she has filed an appeal in order to deny the fruits of the decree to the decree holder.
The court below was justified in passing the impugned O.P.(C) No. 2465/2014 3 order. The Original Petition is without merits and it is accordingly dismissed. However, needless to say that if the petitioner succeeds in her appeal, remedy of restitution will be open to her.
Sd/-
P.BHAVADASAN JUDGE smp