The contention of the learned Counsel for the revision petitioner that in view of Rule 26 of Order 21 CPC revision petitioner is entitled to seek stay of execution proceedings till he obtains orders in the petition filed under Rule 13 of Order 9 CPC. Rule 26 of Order 21 CPC relates to the power of the Court to which the decree has been sent for execution, staying the execution for a reasonable time to enable the judgment-debtor to apply to the Court by which the decree was passed, or to any Court having appellate jurisdiction in respect of the decree or execution thereof for an order to stay execution. Section 39 CPC relates to transfer of decree for execution to another Court. Therefore, it is clear that Rule 26 of Order 21 CPC does not apply to cases where the decree is being executed by the same Court which passed the decree. In this case since the Court which passed the decree is the same as the executing Court, question of the executing Court granting stay of execution to enable the revision petitioner obtaining stay from the Court which passed the decree does not arise.
IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD
CRP No. 2904 of 2006
Decided On: 10.10.2006
Malladi Ravishankar Vs. Anadaraju Chits Pvt. Ltd. and Ors.
Hon'ble Judges/Coram:
C.Y. Somayajulu, J.
Citation: 2007 ALD(3)229,2007ALT(3) 595
