Citation : 2021 Latest Caselaw 21820 Ker
Judgement Date : 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
OP(C) NO. 1978 OF 2021
E.P No.164/2020 of MUNSIFF COURT, TIRUR
OS 1581/2017 OF MUNSIFF COURT,CHAVAKKAD
PETITIONER/JUDGMENT DEBTOR:
SAIDALAVI K.T, AGED 60 YEARS, S/O KUNCHIKOYA MASTER, KUNNATHODI
HOUSE, PUTHOOR P.O, KOTTAKKAL, MALAPPURAM DISTRICT-679503.
BY ADV. MR.A.HAROON RASHEED
RESPONDENT/DECREE HOLDER:
FATHIMA RAHMAN, AGED 59 YEARS, W/O MUHAMMED ABDURAHMAN, NARANATH,
VAILATHOOR P.O, CHAVAKKAD TALUK, THRISSUR DISTRICT-679563.
This OP(C) having come up for admission on 02-11-2021 upon perusing
the petition, the court on the same day passed the following:
(P.T.O)
A. BADHARUDEEN, J.
================================
O.P.(C) No.1978 of 2021
================================
Dated this the 2nd day of November, 2021
ORDER
Heard. O.P. is admitted. Issue notice to the respondent by
speed post.
2. The matter in dispute involves execution of ex-parte
decree in O.S.NO.1581/2017 and it is submitted by the learned
counsel for the petitioner that the E.P. is posted for sale on
08.11.2021. The subject matter of this O.P. would indicate that the
petitions filed as I.A.No.1/2021 and 2/2021 by the petitioner who is
the judgment debtor are under consideration of the Munsiff and in
the event of petitions happened to be allowed there is likelihood of
setting aside the ex-parte decree, which is under execution.
Considering the above aspect, the proceedings in E.P.No.164/2020
pending before the Munsiff Court, Tirur is stayed for a period of two
weeks.
Post the matter after completion of service.
Sd/-
A. BADHARUDEEN, JUDGE
SCS
02-11-2021 /True Copy/ Assistant Registrar
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