OP(C) No.1639/2022 1/4
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. 1639 OF 2022
EP 40/2017 IN OS 1/2016 OF SUB COURT / COMMERCIAL COURT, PATHANAMTHITTA.
CMA 36/2022 OF DISTRICT COURT, PATHANAMTHITTA
PETITIONER/ DEFENDANT/ APPELLANT:
SINDHU PRASAD K.G, AGED 48 YEARS, W/O PRASAD, PRANAVAM, VAZHAMUTTOM
EAST P.O., VALLICODE MURI, VALLICODE VILLAGE, KONNI TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689646
RESPONDENT/ PLAINTIFF/ RESPONDENT:
TRAVANCORE RURAL DEVELOPMENT PRODUCERS CO. LTD, ADOOR, REPRESENTED
BY ITS EXECUTIVE DIRECTOR AND PRINCIPAL OFFICER, SEENA.R. W/O SETHU,
AGED 45 YEARS, MELETHIL HOUSE, THENGUMTHARA MURI, PAZHAKULAM P.O.,
ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691554
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 proceedings pursuant to Exhibit P1 judgment and EP No. 40/2017
of the Subordinate Judge's Court, Pathanamthitta till Exhibit P4 is
finally heard and disposed, pending disposal of this original petition.
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 K.SHAJ, C.IJLAL, RESHMA.P., ARUN CHAND, BHARAT VIJAY P., VINAYAK G
MENON, MAJID MUHAMMED K., MINU VITTORRIA PAULSON, GAYATHRI SATHYAN & BEENA
N.KARTHA, Advocates for the petitioner, the court passed the following:
[PTO]
OP(C) No.1639/2022 2/4
C.S DIAS,J.
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OP(C) No.1639 of 2022
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Dated this the 26th day of August, 2022.
ORDER
Issue urgent notice before admission by speed post to the respondents. The petitioner is also simultaneously permitted to serve a copy of the memorandum of original petition on the learned counsel appearing for the above respondent before the court below. The Registry is directed to call for a report from the Court of the District Judge, Pathanamthitta, to ascertain the status and reasonable time period required to consider the stay petition and delay petition in CMA.No.36/2022.
On a consideration of the pleadings and materials on record especially taking note of the fact that the petitioner has already preferred CMA No.36/2022, I am of the view that all further proceedings in EP No.40/2017 of the Court of the Subordinate Judge, OP(C) No.1639/2022 3/4 2 OP(C) No.1639 of 2022 Pathanamthitta, has to be stayed. Hence I stay all further proceedings in EP No.40/2017, for a period of one month.
sd/-
sks/26.8.2022 C.S.DIAS, JUDGE
26-08-2022 /True Copy/ Assistant Registrar
OP(C) No.1639/2022 4/4
APPENDIX OF OP(C) 1639/2022
Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 24/08/2017 IN O.S.
NO. 01/2016 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA Exhibit P4 THE TRUE COPY OF C.M.A. NO.36/2022 BEFORE THE DISTRICT COURT, PATHANAMTHITTA