Muhammed vs Benny
2021 Latest Caselaw 23787 Ker

RSA No.777/2021                               1/1

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
           Tuesday, the 30th day of November 2021 / 9th Agrahayana, 1943
                        IA.NO.1/2021 IN RSA NO. 777 OF 2021
                      AS 169/2018 OF DISTRICT COURT ,PALAKKAD
     IA NO 2501/2015 IN IA NO 748/2014 IN OS 25/2014 OF SUB COURT, OTTAPPALAM
   APPLICANT/APPELLANT:

          MUHAMMED, AGED 72 YEARS, S/O. POONOTHODI AHAMMEDKUTTY, POONOTHODI
          HOUSE, VILAYUR AMSOM AND POST, PERADIYUR DESOM, PATTAMBI TALUK,
          PALAKKAD DISTRICT 679 309.

   RESPONDENTS/RESPONDENTS:

      1. BENNY, AGED 44 YEARS, S/O. KOTTAYIL VEETTIL RAMANUNNI, VILAYUR
         AMSOM, DESOM AND POST, PATTAMBI TALUK, PALAKKAD DISTRICT 679 309
      2. SAIDALI, 51 YEARS, S/O. VILAYUR KOLAMBAN HASSAN, VILAYUR AMSOM DESOM
         AND POST, PATTAMBI TALUK, PALAKKAD DISTRICT 679 309.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay all further
   proceedings for the execution of the Decree passed in OS.No.25/2014 of the
   Sub Court, Ottapalam dated 03.09.2018 and to pass an ad interim order to
   that effect till the disposal of the above Regular Second Appeal.
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of M/S.R.SREEHARI, P.B.KRISHNAN, Advocates for the petitioner, the court
   passed the following:
                                      ORDER

Heard the learned counsel for the petitioner/appellant.

All further proceedings in execution of the decree passed in OS.No.25/2014 on the file of the Sub Court,Ottapalam dated 03.09.2018 as confirmed by the judgment and decree dated 11.02.2021 in AS.No.169/2018 of the District Court, Palakkad is stayed for a period of three months on condition that the petitioner/appellant shall furnish security for the decree amount with interest and costs to the satisfaction of the Executing Court concerned within a period of 15 days from the date of this order. In case the petitioner/appellant,offers property involved in the suit as security, the executing court is directed to consider the same and pass appropriate orders thereon.

                                                    Sd/- N.ANIL KUMAR JUDGE




30-11-2021                      /True Copy/                              Assistant Registrar