OP(C) No.972/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Thursday, the 9th day of June 2022 / 19th Jyaishta, 1944
OP(C) NO. 972 OF 2022
EP 20/2020 IN OS 502/2010 OF SUB COURT, HOSDRUG, KASARGOD
PETITIONER/JUDGMENT DEBTORR/DEFENDANT:
V K RAMACHANDRAN, AGED 73 YEARS, S/O KRISHAN VADYAR, KALLAR
MADATHIL, KALLAR VILLAGE, HOSDURG TALUK, RAJAPURAM P.O., KASARGOD,
PIN - 671532.
RESPONDENT/DECREE HOLDER/PLAINTIFF:
V. V. AUGUSTINE, AGED 79 YEARS, S/O LATE VALAVANATHURTHEL VARKEY,
VALAVANATHURTHEL, VAZHAKALA VILLAGE, PALLIPARAM KARA, KANAYANNUR
TALUK, EDAPPALLY P. O., KOCHI, PIN - 682024
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
the warrant of arrest issued against the petitioner pursuant to Exhibit P3
order 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
M/S.SUNNY XAVIER & C.P.PRETTY, Advocates for the petitioner, the court
passed the following:
(P.T.O)
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C.S DIAS,J.
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OP(C) No.972 of 2022
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Dated this the 9th day of June, 2022.
ORDER
Issue notice before admission to the respondent. Post immediately after service is complete. On a consideration of the pleadings and materials on record, I am satisfied that the petitioner has made out a prima facie case to pass a conditional interim order. Hence I stay all further proceedings in EP No.20/2020 in OS No.502/2010 of the Court of the Subordinate Judge, Hosdurg, on condition that the petitioner deposits an amount of Rs.1,00,000/- (Rupees One Lakh only) before the Execution Court within a period of three weeks from today. It is made clear that if the said condition is not complied with, there is no legal impediment for the Execution Court to proceed with Ext P2.
sd/-
Sks/9.6.2022 C.S.DIAS, JUDGE
09-06-2022 /True Copy/ Assistant Registrar
OP(C) No.972/2022 3/3
APPENDIX OF OP(C) 972/2022
Exhibit P2 A COPY OF THE ORDER DATED 30/09/2021 IN EA NO.01/2021
IN EP NO.20/2020
Exhibit P3 COPY OF THE ORDER E.P. NO 20/2020 DATED 18/12/2021