Kumaran vs Padmanabhan and Others

Raghavan, J

The petitioner filed an application before the lower court u/s 15 of Act XXXI of 1958 and several respondent-creditors were impleaded in that petition. When the petition failed he filed an appeal before this Court. In the appeal he has filed the above C. M. P. for stay of execution of all the decrees in favour of the several respondents. The question for consideration is whether he should file as many petitions as there are decrees to be stayed. Mr. N. Venkitarama Iyer, on behalf of the petitioner, brings to my notice the Division Bench ruling of the Calcutta High Court in Raja Kamala Ranjan Ray Vs. Abhoy Charan Paul and Others, . Their Lordships have held therein that in an appeal pending in the High Court if an application is filed for the withdrawal of several appeals pending in one subordinate court, separate petitions for transfer are not necessary. Another decision which has been brought to my notice is Chandra Bhan Gosain v. The State of Orissa ( 1963 2 S. C. W. R. 342) of the Supreme Court. In that case a decision of a High Court in a proceeding under Article 226 involving assessments for several years was sought to be appealed against in the Supreme Court; and the Supreme Court has held that one appeal and one court fee is sufficient.

Following these decisions I hold that one petition for the stay of all the execution petitions is sufficient, in view of the fact that the appeal arose out of one proceeding and also in view of the fact that all the execution petitions are pending before one subordinate court.