Ep No.212/2018 Of The Ii ... vs N.K.Sureshkumar
2021 Latest Caselaw 6892 Ker

OP(C) 534/2021                                  1/3




                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                             Present:

                           THE HONOURABLE MR.JUSTICE C.S.DIAS

                    Friday,the 26th day of February 2021/7th Phalguna, 1942
       For information purpose only    OP(C) No.534/2021

EP No.212/2018 of the II ADDITIONAL DISTRICT COURT KOZHIKODE

PETITIONERS/JUDGMENT DEBTORS
1.       N.K.SURESHKUMAR,AGED 55 YEARS,
         S/O KARUNAKARAN NAIR, SURYAKANTHI HOUSE, NANMINDA P.O.,
         KOZHIKODE-673613.

2.       M.SOBHANA,AGED 48 YEARS,
         W/O N.K. SURESHKUMAR, SURYAKANTHI HOUSE, NANMINDA P.O.,
         KOZHIKODE-673613.
RESPONDENT/DECREE HOLDER
         SUNDARAM FINANCE LTD.,
         REGISTERED OFFICE AT NO.21 PATULLOS ROAD, CHENNAI-600002,
         REPRESENTED BY ITS AUTHORIZED OFFICER, SUNIL KUMAR.
         DY. MANAGER(LEGAL).


     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 P4 sale proclamation, in EP No.212/2018 of IInd Additional District Court,

Kozhikode, pending disposal of the 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. ELDHO PAUL & TESSY

JOSE, Advocates for the petitioner, the court passed the following;


                                                                                        (p.t.o)
 OP(C) 534/2021                          2/3




                                  C.S.DIAS, J.
                       ======================
                            OP(C) No.534 of 2021
                       ======================
                   Dated this the 26th day of February, 2021.

    For information  purpose only
                  ORDER

Admitted.

2. Issue urgent notice by speed post to the respondent returnable within two

weeks. The petitioners shall simultaneously serve copy of the memorandum of

original petition on the learned counsel appearing for the respondent before the Execution Court.

3. After considering the averments in the memorandum of original petition, the

materials on record and after hearing the learned counsel appearing for the

petitioner, I am of the opinion that all further proceedings in EP No.212/2018 on

the file of the IInd Additional District Court, Kozhikode has to be stayed, but on

condition that the petitioners deposit an amount of Rs.25,000/- within a period of

one week from today before the Execution Court. If the said amount is deposited

as ordered, all further proceedings in EP No.212/2018 shall stand stayed for a period of one month. The respondent would be at liberty to withdraw the

deposited amount.

Post after two weeks.

C.S.DIAS,JUDGE

/true copy/ Sd/-

                                                           ASSISTANT REGISTRAR
 OP(C) 534/2021                   3/3

EXHIBIT P4 - TRUE COPY OF THE SALE PROCLAMATION NOTICE DATED 21.1.2021 ISSUED BY THE IIND ADDL. DISTRICT COURT,KOZHIKODE.

For information purpose only