Ansari K.S vs Omanakunjamma
2021 Latest Caselaw 22661 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT
                   THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
           Friday, the 19th day of November 2021 / 28th Karthika, 1943

                             OP(C) NO. 548 OF 2019


E.P NO.135/2018 IN OS 254/2015 OF II ADDITIONAL SUB COURT, ERNAKULAM.

  PETITIONER/ JUDGMENT DEBTOR IN E.P NO. 135/2018/2016 IN O.S NO. 254/2015 ON
  THE FILES OF IIND ADDL. SUB COURT ERNAKULAM:

       ANSARI K.S. AGED 39 YEARS S/O.SAINULABDEEN, PLOT NO.15, HIRES
       VILLAS, MOHIMPURAM ROAD, EROOR SOUTH, TRIPUNITHURA, ERNAKULAM
       DISTRICT, PIN-682306.

  RESPONDENT/ DECREE HOLDER IN E.P NO. 135/2018/2016 IN O.S NO. 254/2015 ON THE
  FILES OF IIND ADDL. SUB COURT, ERNAKULAM.:

       OMANAKUNJAMMA, AGED 38 YEARS KOYILPARAMBIL HOUSE, KNRA-12,
       B.T.C.ROAD, MARADU.P.O., KANAYANNUR TALUK, ERNAKULAM
       DISTRICT-685304.


       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 in EP No. 135/2018 in O.S No. 254/2015 on the
  files of IInd Additional Sub Court, ernakulam, till 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
  18-11-2021 and upon hearing the arguments of Sri. VARGHESE C.KURIAKOSE,
  Advocate for the petitioner and of M/S P.B.KRISHNAN, P.B.SUBRAMANYAN, SABU
  GEORGE, B.ANUSREE & MANU VYASAN PETER, Advocates for the respondent, the
  court passed the following:


                                                                         [PTO]
                           A.BADHARUDEEN, J.

          -----------------------------------------------------------
                  Original Petition(C)No.548 of 2019
          -----------------------------------------------------------
          Dated this the 19th day of November, 2021


                                 ORDER

In this matter, the learned counsel for the petitioner

fairly submitted that Rs.2,00,000/- agreed to be paid on or before

15.11.2021 was not able to be paid. However, the learned counsel

sought for a week time to pay the same and extension of stay

during that period. The learned counsel for the respondent

submitted that the petitioner is delaying payment even after

passing decree on the basis of compromise relinquishing the

interest. The submission is having force. The learned counsel for

the petitioner would submit that though interest was relinquished,

the compromise decree was passed for double the amount claimed

in this plaint. Now the learned counsel for the respondent is

inclined to not oppose grant of stay for a period of one week Original Petition(C)No.548 of 2019

provided the petitioner is readily deposit Rs.2,00,000/- within a

period of one week. Thus, stay extended on the said condition for a

period of one week.

Post on 29.11.2021.

Sd/-

A.BADHARUDEEN, JUDGE rkj

19-11-2021 /True Copy/ Assistant Registrar