Muthamil Selvi vs V. Ananda Selvi
2021 Latest Caselaw 19013 Ker

OP(C) No.1510/2021                              1/1




                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT
                           THE HONOURABLE MR.JUSTICE V.G.ARUN
                Friday, the 10th day of September 2021 / 19th Bhadra, 1943

                                 OP(C) NO. 1510 OF 2021


            OP(ARB) 290/2014 OF ADDITIONAL DISTRICT-III, THODUPUZHA, IDUKKI

   PETITIONER/ JUDGMENT DEBTOR/ RESPONDENT:

          V.MUTHAMIL SELVI, AGED 44 YEARS, D/O. LATE G. VAIKUNDAM, RESIDING AT
          ANAND BHAVAN, SETTLEMENT COLONY, MUNNAR P.O, IDUKKI DISTRICT-685 612

   RESPONDENT/ DECREE HOLDER/ PETITIONER:

          V. ANANDA SELVI, AGED 50 YEARS, W/O. REMESH, BUILDING NO. 10/1394,
          EKKA NAGAR, IN MUNNAR K.D.H. VILLAGE, NOW RESIDING AT 128/1,
          BHARATHI NAGAR, MOOLAPALAYAM, ERODE DISTRICT, TAMILNADU-638 002.


        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 160/2016 pending before the 3rd Additional
   District Court, Thodupuzha pending the above 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 C.R.REGHUNATHAN, R. BALAKRISHNAN & B.HARRYLAL, Advocates for the
   petitioner, the court passed the following:

                                         O R D E R

Admit.

Issue notice on the respondent through speed post. Alternatively, petitioner is permitted to serve notice on the counsel appearing for the respondent and produce a memo regarding such service. There shall be an interim stay of further proceedings based on the Order in E.A 294/2020 in EP No. 160/2016 in OP(Arb) No. 290/2014. It is made clear that this order does not preclude the execution court from passing orders in the EP. This observation is made in the light of the submission made by the learned counsel for the petitioner that the execution petition was finally heard on October 2020

Sd/- V.G.ARUN, JUDGE

10-09-2021 /True Copy/ Assistant Registrar