Thajunizza vs Jalaja
2021 Latest Caselaw 23744 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT
                       THE HONOURABLE MR.JUSTICE V.G.ARUN
          Tuesday, the 30th day of November 2021 / 9th Agrahayana, 1943

                            TR.P(C) NO. 714 OF 2021

           E.P.NO.23/2015 IN OS.No.24/1980 OF SUB COURT, MAVELIKKARA

PETITIONERS/ADDITIONAL JUDGMENT DEBTORS 7 TO 10 IN EP 23/2015:

1.   THAJUNIZZA

     W/O. LATE ABDUL LATHEEF, USHUS,

     PERINGALA MURI, KAYAMKULAM VILLAGE, KAYAMKULAM,

     ALAPPUZHA DISTRICT 690 502

2.   MUNIRA

     D/O. LATE ABDUL LATHEEF, USHUS, PERINGALA MURI,

     KAYAMKULAM VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT-690 502

3.   SAMEERA

     D/O. LATE ABDUL LATHEEF, USHUS, PERINGALA MURI,

     KAYAMKULAM VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT 690 502

4.   NOWFEL

     S/O.LATE ABDUL LATHEEF, USHUS, PERINGALA MURI,

     KAYAMKULAM VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT-690 544



     BY M/S.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), P.J.JOE PAUL,

     MANU SRINATH, RAJAN G.GEORGE and A.R.DILEEP, Advocates for

     the petitioners

RESPONDENTS/ADDITIONAL DECREE HOLDERS IN THE EP:

1.   JALAJA

     W/O.LATE SADHANANDHAN, ATHULYA FROM PANAYIL HOUSE,

     PADANAIYARKULANGARA MURI, KARUNAGAPPALLY VILLAGE,

     KARUNAGAPPALLY TALUK, KOLLAM DISTRICT 690 518
 2.      ATHULYA

        D/O.LATE. SADHANANDHAN, ATHULYA FROM PANAYIL HOUSE,

        PADANAIYARKULANGARA MURI, KARUNAGAPPALLY VILLAGE,

        KARUNAGAPPALLY TALUK, KOLLAM DISTRICT 690 518


          This Transfer Petition (Civil) having come up for admission on

     30.11.2021, upon perusing the petition, the court on the same day passed

     the following:
                                  V.G.ARUN (J)
                              ----------------------
                         Tr.P.(C) No.714 of 2021
                     ------------------------------------
                 Dated this the 30th day of November, 2021

                               ORDER

Admit. Issue notice to he respondents through speed

post.

2. I find prima facie substance in the submission of

the learned Counsel for the petitioners that, this Court

having heard O.P.(C) No.1469 of 2021, challenging the order

approving the draft sale deed and having reserved the

matter for judgment, the execution court is not justified in

proceeding with the execution.

3. As an interim order was in force in O.P.(C) No.1469

of 2021 till the matter was heard finally and judgment

reserved, it is not appropriate for the execution court to

assume that the interim order is no longer in force and to

proceed with the execution.

Hence, there shall be an interim stay of further Tr.P.(C) No.714 of 2021

proceedings in E.P.No.23 of 2015 in O.S.No.24 of 1980 of

the Sub Court, Mavelikkara for one month.

Sd/-

V.G.ARUN JUDGE RK

30-11-2021 /True Copy/ Assistant Registrar