For Information Purpose Only vs Shahul Hameed M.P.
2021 Latest Caselaw 9751 Ker

OP(C) 2172/2019                              1/3

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          Present:
                  THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

                  Tuesday,the 23rd day of March 2021/2nd Chaithra, 1943
                                    OP(C) No.2172/2019
OS No.740/2009 of the PRINCIPAL SUB COURT, KOZHIKODE

            For information purpose only
PETITIONER/DEFENDANT/JUDGMENT DEBTOR
       SHAHUL HAMEED M.P.,,AGED 49 YEARS
       S/O.NOORUDHIN M.P., VYTHYARANGADI (P.O.), VELIPRAM AMSOM,
       KOZHIKODE DISTRICT - 673 633.
RESPONDENT/PLAINTIFF/DECREE HOLDER
       P.SUJANAPAL,,AGED 64 YEARS
       S/O.SEKHARAN, 1ST FLOOR PARCO COMPLEX ANNEX 18/193, KALLAI
       ROAD, KASABA AMSOM, KOZHIKODE DISTRICT - 673 003.
         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 render an interim order staying the
sale of property as mentioned in Exhibit P7 pending disposal of the Original Petition 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 01-03-2021 and upon
hearing the arguments of M/S C.BHASKARAN, Advocate for the petitioner and of M/S
R.SUDHISH, M.MANJU, Advocates for the respondent, the court passed the following
                        T.V.ANILKUMAR, J.

----------------------

O.P.(C)No.2172 of 2019

---------------------------- Dated this the 23rd day of March, 2021

For information O R D Epurpose R only It is noticed that even though this Court

called upon the petitioner to produce the order

settling the proclamation, it was not produced so

far. Learned counsel for the respondent/decree

holder points out that the court below has declined

to proceed with the sale of property on the basis

of the affidavit sworn to by the petitioner that

the entire execution proceedings were stayed by

this Court. The petitioner's counsel submits that

he deposited an amount of Rs.50,000/-. The deposit

of the amount made is not in dispute between

parties. It is made clear that this Court has not

stayed the entire execution proceedings and what is

stayed is only confirmation of sale proceedings.

Execution court will be at liberty to go ahead with O.P.(C)No.2172 of 2019

:-2-:

the sale proceedings and will take further

instructions from this Court before confirming the For information purpose only sale proceedings.

Post after vacation.

Sd/-

T.V.ANILKUMAR JUDGE ami/

/true copy/ Sd/- ASSISTANT REGISTRAR