Sindhu Prasad K.G vs Travancore Rural Development ...
2022 Latest Caselaw 9760 Ker

OP(C) No.1639/2022                             1/4

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT
                              THE HONOURABLE MR.JUSTICE C.S.DIAS
                     Friday, the 26th day of August 2022 / 4th Bhadra, 1944

                                    OP(C) NO. 1639 OF 2022


     EP 40/2017 IN OS 1/2016 OF SUB COURT / COMMERCIAL COURT, PATHANAMTHITTA.

                        CMA 36/2022 OF DISTRICT COURT, PATHANAMTHITTA

   PETITIONER/ DEFENDANT/ APPELLANT:

          SINDHU PRASAD K.G, AGED 48 YEARS, W/O PRASAD, PRANAVAM, VAZHAMUTTOM
          EAST P.O., VALLICODE MURI, VALLICODE VILLAGE, KONNI TALUK,
          PATHANAMTHITTA DISTRICT, PIN - 689646

   RESPONDENT/ PLAINTIFF/ RESPONDENT:

          TRAVANCORE RURAL DEVELOPMENT PRODUCERS CO. LTD, ADOOR, REPRESENTED
          BY ITS EXECUTIVE DIRECTOR AND PRINCIPAL OFFICER, SEENA.R. W/O SETHU,
          AGED 45 YEARS, MELETHIL HOUSE, THENGUMTHARA MURI, PAZHAKULAM P.O.,
          ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691554


        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 pursuant to Exhibit P1 judgment and EP No. 40/2017
   of the Subordinate Judge's Court, Pathanamthitta till Exhibit P4 is
   finally heard and disposed, 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 K.SHAJ, C.IJLAL, RESHMA.P., ARUN CHAND, BHARAT VIJAY P., VINAYAK G
   MENON, MAJID MUHAMMED K., MINU VITTORRIA PAULSON, GAYATHRI SATHYAN & BEENA
   N.KARTHA, Advocates for the petitioner, the court passed the following:


                                                                              [PTO]
 OP(C) No.1639/2022                             2/4




                                         C.S DIAS,J.
                                  ---------------------------
                              OP(C) No.1639 of 2022
                                  -----------------------------
                       Dated this the 26th day of August, 2022.

                                           ORDER

Issue urgent notice before admission by speed post

to the respondents. The petitioner is also

simultaneously permitted to serve a copy of the

memorandum of original petition on the learned counsel

appearing for the above respondent before the court

below. The Registry is directed to call for a report from

the Court of the District Judge, Pathanamthitta, to

ascertain the status and reasonable time period

required to consider the stay petition and delay petition

in CMA.No.36/2022.

On a consideration of the pleadings and materials

on record especially taking note of the fact that the

petitioner has already preferred CMA No.36/2022, I am

of the view that all further proceedings in EP

No.40/2017 of the Court of the Subordinate Judge, OP(C) No.1639/2022 3/4

OP(C) No.1639 of 2022

Pathanamthitta, has to be stayed. Hence I stay all

further proceedings in EP No.40/2017, for a period of

one month.

sd/-

           sks/26.8.2022                                C.S.DIAS, JUDGE




26-08-2022                        /True Copy/                       Assistant Registrar
 OP(C) No.1639/2022                 4/4

                      APPENDIX OF OP(C) 1639/2022

Exhibit P1           THE TRUE COPY OF THE JUDGMENT DATED 24/08/2017 IN O.S.

NO. 01/2016 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA

Exhibit P4 THE TRUE COPY OF C.M.A. NO.36/2022 BEFORE THE DISTRICT COURT, PATHANAMTHITTA