OP(C) No.1647/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Friday, the 26th day of August 2022 / 4th Bhadra, 1944
OP(C) NO. 1647 OF 2022
EP No.24/2019 in OS No.2/2017 OF SUB COURT, VADAKARA
PETITIONER/JUDGMENT DEBTOR NO.1/DEFENDANT NO.1:
SHANIBA P.P, W/O MUSTHAFA, PARAPPOYIL HOUSE, NARIKKATTERI, CHELAKKAD
POST, KALLACHI, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673506.
RESPONDENTS/DECREE HOLDER & JUDGMENT DEBTOR 2 TO 5/PLAINTIFF & DEFENDANTS 2 TO
9:
1. SREE GOGULAM CHIT & FINANCE CO.(P)LTD, SREE GOKULUM TOWERS, NO. 66
ARCOT ROAD, CHENNAI ,600024, THROUGH THE POWER OF ATTORNEY HOLDER,
C.V. SIVADASAN, S/O LATE GOVINDAN NAMBIAR, 57 YEARS, MUKKAT KUNIYIL
HOUSE, ORKKATTERI POST, VATAKARA TALUK, NOW WORKING AT ASST.
MANAGER, GOKULAM CHIT & FINANCE COMPANY, NADAPURAM BRANCH., PIN -
600024
2. HARIS T.V, AGED 51 YEARS, S/O ABDULLA, NADUVATH HOUSE, NEAR MAPPILA
L.P.SCHOOL, KALLACHI, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN -
673101
3. YOUSEF T, S/O KUNHABDULLA, AGED 52 YEARS, THUNDIYIL HOUSE,
IYYAMKODE, KALLACHI, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN -
673101
4. MAIMOONATH, W/O YOUSAF, AGED 41 YEARS, THUNDIYIL HOUSE, IYYAMKODE,
KALLACHI, VATAKARA TALUK, KOZHIKODE DISTRICT., PIN - 673101
5. DAMU M.P, S/O POCKEN, AGED 47 YEARS, BIYYOTH THAHE KUNIYIL HOUSE,
VARIKKOLI POST, VARIKKOLI, VATAKARA TALUK, KOZHIKODE DISTRICT., PIN
- 673101
Op (civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to stay
all further sale proceedings pursuant to Exhibit P3 in EP No.24/2019 in OS
No.2/2017 of the Sub Court, Vadakara, pending the disposal of above
Original Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
M/S.P.T.SHEEJISH, PARVATHY S. KRISHNAN, P.P.RAVOOF, P.K.PURUSH, P.SREERAM,
HARIKIRAN, STEPHY GRACE RAJ, A.ABDUL RAHMAN, PRAVEEN KUMAR (PRAYAGA) &
VARNIBHA.T, Advocates for the petitioner, the court passed the following:
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ORDER
The learned counsel appearing for the petitioner submits that only the first respondent is the decree holder. The respondents 2 to 5 are the judgment debtors. In the said circumstances, I dispense with notice to the respondents 2 to 5 at the risk of the petitioner. Issue notice before admission by speed post to the first respondent.
On a consideration of the pleadings and materials on record and after hearing the learned counsel appearing for the petitioner, I am inclined to grant a conditional interim order, in view of the submission made by the learned counsel appearing for the petitioner that the petitioner is prepared to pay off the entire decree debt in installments. Hence, I stay all further proceedings in EP No.24/2019 in OS No.2/2017 of the Court of the Subordinate Judge, Vatakara on condition that the petitioner deposits an amount of Rs.1,00,000/- (Rupees One lakh only) before the execution court on or before 14.09.2022.
Post on 16.09.2022.
Sd/- C.S.DIAS JUDGE
26-08-2022 /True Copy/ Assistant Registrar
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APPENDIX OF OP(C) 1647/2022
Exhibit P3 THE TRUE COPY OF SALE NOTICE DATED 08.07.2022 ISSUED BY
THE SUB COURT, VADAKARA, IN E.P.NO.24/2019 IN O.S.NO.2/2017 AND PROCEEDINGS SHEET