Tomy Mathew vs Josemon Mathachan
2021 Latest Caselaw 17746 Ker

OP(C) No.1449/2020                                 1/1

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                              THE HONOURABLE MR.JUSTICE V.G.ARUN
                     Friday, the 27th day of August 2021 / 5th Bhadra, 1943
                                     OP(C) NO. 1449 OF 2020

           E.P. NO.59/2013 IN OS NO.225/2012 OF THE SUB COURT, PALA,KOTTAYAM

   PETITIONER/JUDGMENT DEBTOR IN O.S No.225/2012 ON THE FILES OF SUB COURT PALA


      1.    TOMY MATHEW, AGED 58 YEARS, S/O.LATE MATHEW, MANJAPPALLIL HOUSE,
           PADINJATTINKARA P.O., PALAYAM, PULIYANNUR VILLAGE, MEENACHIL TALUK,
           PIN-686571, PALA, KOTTAYAM DISTRICT, REPRESENTED BY HIS POWER OF
           ATTORNEY HOLDER, ANEESH THOMAS, AGED 31 YEARS, S/O.TOMY @ TOMY
           MATHEW, MANJAPPALLIL HOUSE, PADINJATTINKARA, PULIYANNUR VILLAGE,
           MEENACHIL TALUK, PIN-686571, KOTTAYAM DISTRICT.


                AND OTHERS

   RESPONDENT/DECREE HOLDER :IN O.S No.225/2012 ON THE FILES OF SUB COURT PALA

      1. JOSEMON MATHACHAN, AGED 33 YEARS, S/O.MATHACHAN, PADINJAREMURIYIL,
         MEENACHIL P.O., MEENACHIL VILLAGE, MEENACHIL KARA, MEENACHIL TALUK,
         KOTTAYAM DISTRICT-686570.

        Original Petition ( 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 in E.P. No.59/2013 on the
   files of Sub Court, Pala under which execution petition the decree in O.S.
   No.225/2012 on the file of the said Court is being executed till the
   disposal of the original petition (Civil), in the interest of justice.




        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of OP(C) and this court's order dated
   08.03.2021 and upon hearing the arguments of M/S. VARGHESE C.KURIAKOSE,
   JISA P.JOSE, P.J.JOSE, SUSANTH SHAJI, THWAYYIBA M.M., Advocates for the
   petitioner and of SRI. P.C. HARIDAS, Advocate for the respondent, the
   court passed the following:
                                     ORDER

Interim order is revived and extended by two months on condition of the petitioner remitting a further amount of Rs.5,00,000/- (Rupees Five Lakhs only) within one month.

Sd/- V.G.ARUN JUDGE

27-08-2021 /True Copy/ Assistant Registrar