OP(C) No.1163/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 1st day of July 2022 / 10th Ashadha, 1944
OP(C) NO. 1163 OF 2022
EP 24/2019 IN O.S NO. 53/2014 OF SUB COURT, PALA, KOTTAYAM
PETITIONER:
P J JOSEPH, AGED 59 YEARS, S/O JOSEPH, PUNNATHANATHU HOUSE,
BHARANANGANAM KARA , BHARANAGANAGANAM VILLAGE, BHARANANGANAM P.O,
KOTTAYAM, PIN - 676578
RESPONDENT:
BABY MATHEW, AGED 49 YEARS, S/O MATHEW, MUTHUPLACKAL HOUSE,
CHENNADU KARA, POONJAR VILLAGE, POONJAR P.O, KOTTAYAM, PIN - 686581
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 P3, pending disposal of this
Original Petition (Civil), in the interest of justice.
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
Sri. GEORGEKUTTY MATHEW, Advocate for the petitioner, the court passed the
following:
[PTO]
OP(C) No.1163/2022 2/4
A.BADHARUDEEN, J.
------------------------------------------------------------
O.P.(C)No.1163 of 2022
------------------------------------------------------------
Dated this the 1st day of July, 2022
ORDER
Heard the learned counsel for the petitioner. Issue notice to the other side.
2. Ext.P3 order dated 02.06.2022 in E.P.No.24 of 2019 in O.S.No.53 of 2014 whereby, the Sub Judge, Pala ordered sale of 15 cents of property, belonging to the judgment debtor/petitioner, which was published to be sold on 04.07.2022 is under challenge in this original petition. The decree debt comes to Rs.48,73,800/-. No amount so far paid by the judgment debtor.
3. The learned counsel for the petitioner fairly submitted that the judgment debtor is ready to settle the E.P. amount and he is ready to deposit OP(C) No.1163/2022 3/4 O.P.(C)No.1163 of 2022 ..2..
Rs.5,00,000/-(Rupees Five lakh only) within two weeks and another Rs.5,00,000/- (Rupees Five lakh only) thereafter within two weeks. Therefore, there shall be stay in selling the property on the said condition.
It is made clear that, if the petitioner is not paying or depositing the amount as submitted, sale can go on.
Post on 15.07.2022.
Sd/-
A.BADHARUDEEN, JUDGE
rkj
H/O
01-07-2022 /True Copy/ Assistant Registrar
OP(C) No.1163/2022 4/4
APPENDIX OF OP(C) 1163/2022
Exhibit P3 TRUE COPY OF THE ORDER DATED 02.06.2022