K K Musthafa vs Muhammed Yaseen A.M
2022 Latest Caselaw 9976 Ker

OP(C) No.1687/2022                           1/3

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                           THE HONOURABLE MR.JUSTICE C.S.DIAS
                Wednesday, the 31st day of August 2022 / 9th Bhadra, 1944

                                 OP(C) NO. 1687 OF 2022


EP No. 21 of 2022 IN OS 72/2019 OF MUNSIFF-MAGISTRATE COURT, THAMARASSERY,
KOZHIKODE

 A.S NO. 90 OF 2022 BEFORE THE DISTRICT COURT, KOZHIKODE

   PETITIONER/ JUDGMENT DEBTOR:

          K K MUSTHAFA, AGED 49, S/O KUNJHAHAMED, KARIMBAN KUZHIYIL, PADANILAM
          P.O, KUNNAMANGALAM AMSOM DESOM, KOZHIKODE TALUK, PIN-673 571

   RESPONDENT/ DECREE HOLDER:

          MUHAMMED YASEEN A.M, AGED 40, S/O KOYAMU, ATHIKKAMANNIL HOUSE,
          KUNDAMANGALAM AMSOM DESOM, KOZHIKODE TALUK, REP.BY ITS P.A. HOLDER
          ABBAS K.P., AGED 47, S/O. LATE MAMMI, KANNIPPOYIL HOUSE, P.O.
          PADANILAM, KUNDAMANGALAM AMSOM, DESOM, KOZHIKODE TALUK, PIN-673 571.


        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
   the operation of further proceedings in EP No. 21 of 2022 filed before the
   Munsiff Court, Thamarassery until Exhibit P3 Appeal filed before the
   District Court, Kozhikode is heard and disposed.


        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
   Sri. SUNIL N.SHENOI, Advocate for the petitioner, the court passed the
   following:
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                                      O R D E R

Issue notice before admission to the respondent.

Registry shall call for a report from the court of the Munsiff, Thamarassery, as to when EP No. 21/2022 was filed, whether notice in EP was issued to the petitioner, whether the petitioner was granted any opportunity to file his objection and the reason why notice to the petitioner was dispensed with on 29-07-2022 before ordering delivery of the property.

On a consideration of the pleadings and materials on record and taking note of the fact that delivery of the petitioner's property is ordered after dispensing with notice to the petitioner, I am satisfied that the petitioner may be entitled for an interim order. Hence, I stay all further proceedings in EP No. 21/2022 of the court of the Munsiff, Thamarassery, for a period of one month.

                                                    Sd/-     C.S.DIAS, JUDGE.
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Exhibit P3: True copy of A.S No. 90 of 2022 before the District Court, Kozhikode.

31-08-2022 /True Copy/ Assistant Registrar