Ramachandran E vs E. Ajithkumar
2021 Latest Caselaw 23013 Ker

OP(C) No.2190/2021                         1/4

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                           THE HONOURABLE MR.JUSTICE V.G.ARUN
              Tuesday, the 23rd day of November 2021 / 2nd Agrahayana, 1943

                                 OP(C) NO. 2190 OF 2021


      E.P. NO 44/2020 IN E.P. NO.445/2014 IN OS 833/2012 OF I ADDL SUB COURT,
                                     KOZHIKODE

   PETITIONER/JUDGMENT DEBTOR - DEFENDANT:

          RAMACHANDRAN E., AGED 83 YEARS, S/O.KUNHIRAMAN NAIR, KULIRMA,
          VELIPRAM AMSOM AND DESOM, POST RAMANATTUKARA, KOZHIKODE DISTRICT.

   RESPONDENTS/DECREE HOLDER - PLAINTIFF:

      1. E. AJITHKUMAR, AGED 56 YEARS, S/O.CHABDRASEKHARA KURUP, MANATTU
         PADIKKAL, PAROPPADY, CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK,
         KOZHIKODE - 673 009.
      2. E.M.ASHOKKUMAR, AGED 67 YEARS, S/O.GOVINATHA MENON, SIKHAS,
         ERUVALLOOR AMSOM AND DESOM, POST CHELANUR, KOZHIKODE TALUK, PIN -
         670 616.


        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 pass
   an order stay of all further proceedings including sale in E.P No.44/2020
   in E.P No.445/2014 in O.S No.833/2012 on the file of the First Additional
   Subordinate Judge, Kozhikode, pending disposal of this 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.V.T.MADHAVANUNNI & V.A.SATHEESH, Advocates for the petitioners the
   court passed the following:




                                                                          (P.T.O)
 OP(C) No.2190/2021                         2/4




                                    V.G.ARUN, J.
                          ====================
                              O.P(C).No.2190 OF 2021
                          ====================
                     Dated this the 23rd day of November, 2021

                                      ORDER

Admit. Issue notice to the respondents

through speed post.

2. A perusal of Ext.P1 shows that the

application seeking delivery was received on

25.02.2020, whereas, even according to the court,

the sale was confirmed on 14.02.2019 and according

to the petitioner, much earlier on 28.11.2018. In

either case, the application appears to have been

filed beyond the period prescribed in Article 134 of

the Limitation Act.

3. In such circumstances, delivery pursuant to

the order in E.P.No.44 of 2020 in O.S.No.833 of

2012 of the 1st Additional Sub Court, Kozhikode, OP(C) No.2190/2021 3/4

shall be deferred by one month.

Post immediately after service of notice.

Sd/-

                                                         V.G.ARUN
                                                           JUDGE

            NB/23-11




23-11-2021                       /True Copy/                       Assistant Registrar
 OP(C) No.2190/2021                 4/4

                      APPENDIX OF OP(C) 2190/2021
Exhibit P1           TRUE COPY OF THE EXECUTION PETITION NO.44 OF 2020 IN

E.P.NO.445 OF 2014 IN O.S.NO.833 OF 2012 FILED BY THE RESPONDENTS DATED 25/02/2020.