Narender Kumar vs M/s. Active Promoters Pvt. Ltd. and Others

K. Kannan, J.—The revision is against an order dismissing an application filed u/s 47 CPC by a party to the proceedings who has a second appeal pending before this Court. The second appeal relates to a decree for specific performance granted against the father who died during the pendency of proceedings and therefore the appeal is being prosecuted by the son claiming as his legal representative as well as a person who was a co-parcener entitled to the property in his own right. When a second appeal is pending, there is no question of the party adopting a procedure to file Section 47 petition before the executing court. If the execution cannot proceed, his only objection shall be by securing appropriate orders before this Court itself where the second appeal is pending. He cannot open a fresh avenue of litigation at the execution stage. If such a procedure is sought to be adopted the petitioner shall rightfully abandon his second appeal and proceed at the execution. He cannot have both the proceedings going at the same time simultaneously. He is bound to make an election. The application filed u/s 47 CPC is a gross abuse of process and it is bound to be dismissed and correctly done so by the executing court. The revision petition is dismissed.