Jamaludeen Kunju vs Jamaludeen Kunju
2021 Latest Caselaw 937 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                       OP(C).No.102 OF 2021

     AGAINST THE ORDER IN E.P.NO.1/2020 IN OS 52/2012 OF SUB
                        COURT,KATTAPPANA

                             ........


PETITIONER/JUDGMENT DEBTOR/COUNTER CLAIM RESPONDENT/PLAINTIFF:

             JAMALUDEEN KUNJU
             AGED 64 YEARS
             S/O. SHABUDHEEN KUNJU, BLOCK NO.1217, BALAGRAM,
             KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK.

             BY ADV. SRI.V.VINAR

RESPONDENT/DECREE HOLDER/COUNTER CLAIM PETITIONER/DEFENDANT:

             JALAL
             S/O. AHEMMED KUNJU, EDASSERI HOUSE, THANNIMOODU KARA,
             PARATHODU VILLAGE, KALLAR P.O, - 685552.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
                O. P. (C) No.102 of 2021
          ==================
         Dated this the 11th day of January, 2021

                          JUDGMENT

The petitioner seeks for stay of further

proceedings in delivery in EP 1/2020 in OS 52/12 of

the Sub Court, Kattappana.

2. Admittedly, challenging the said decree and

judgment, a second appeal is pending consideration

of this Court as RSA 138/2020. A stay petition has

also been moved therein and the same is also

pending. The remedy of the petitioner is to get

appropriate orders on the said application. During

the pendency of the Regular Second Appeal, I do not

consider it proper for this Court to entertain the

present original petition seeking the relief as

mentioned.

O. P. (C) No.102 of 2021 :- 2 :-

Accordingly without prejudice to the right of

the petitioner to seek for appropriate orders in

RSA 138/2020, the original petition is closed.

SATHISH NINAN JUDGE

kns/-

OP(C).No.102 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE ORDER OF EP.1/2020 IN O.S 52/2012 OF COURT OF SUB JUDGE KATTAPPANA DATED 15.12.2020.

EXHIBIT P2 THE TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE HOSPITAL DATED 09.06.2020.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN AS NO.29/2017 OF THE DISTRICT COURT, THODUPUZHA DATED 18.10.2019.

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