Aneesh vs Vijaya Kumar
2022 Latest Caselaw 11691 Ker

OP(C) No.2522/2022                         1/3

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT
                          THE HONOURABLE MR.JUSTICE C.S.DIAS
             Tuesday, the 20th day of December 2022 / 29th Agrahayana, 1944

                                OP(C) NO. 2522 OF 2022


          EP 82/2016 IN OS NO. 610/2012   OF SUB COURT, KOTTARAKKARA, KOLLAM

   PETITIONERS/ CLAIM PETITIONERS:

      1. ANEESH, AGED 31 YEARS, S/O LAMBODHARAN PILLAI, MOHANA BHAVANAM,
         VALAKOTTUMURI KURA PO, THALAVUR VILLAGE, KOLLAM, (NOW RESIDING AT
         RATNA VIHAR, VENDAR PO, KOTTARAKKARA TALUK, KOLLAM (DIST)- 691
         507).
      2. SHEELA MANI AMMA, AGED 56 YEARS, W/O LAMBODHARAN PILLAI, MOHANA
         BHAVANAM, VALAKOTTUMURI KURA PO, THALAVUR VILLAGE, KOLLAM, (NOW
         RESIDING AT RATNA VIHAR, VENDAR PO, KOTTARAKKARA TALUK, KOLLAM
         (DIST)- PIN - 691507)

   RESPONDENTS/ DECREE HOLDER/ JUDGMENT DEBTOR:

      1. VIJAYA KUMAR, AGED 60 YEARS, S/O RAGHAVAN PILLAI, AWSATHY,
         KALLELIBHAGOM MURI, KALLELIBHAGOM VILLAGE, KALLELIBHAGOM PO,
         KARUNAGAPPALLY TALUK, KOLLAM (DIST), PIN - 690519
      2. LAMBODHARAN PILLAI, MOHANA BHAVANAM, VALAKOTTUMURI KURA PO, THALAVUR
         VILLAGE, KOLLAM (DIST)- PIN - 691557


        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
   Exhibit P8 order and all further proceedings in EP No. 82/2016 in O.S No.
   610/2012 on the files of the Hon'ble Sub Court, Kottarakkara, pending the
   final disposal of 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
   Sri. M.RAJESH, Advocate for the petitioners, the court passed the
   following:


                                                                              [PTO]
 OP(C) No.2522/2022                               2/3


                                         C.S.DIAS,J.
                ====================
                    O.P.(C)No.2522 of 2022
               ------------------------------------ ---------
                      Dated this the 20th day of December,2022

                                           ORDER

Issue notice before admission by speed post to the

respondents 1 and 2.

On a consideration of the pleadings and materials on

record, I am satisfied that the petitioners have made out a

prima facie case for an interim order. Hence, I stay the

direction in Ext P8 order directing the petitioners to take out

paper publication in Malayala Manorama daily having

circulation in all the districts of Kerala. However, the

petitioners shall take steps for issuing notice to the second

respondent by affixture in the address shown in the cause title

of the suit. The court below shall proceed with the suit during

the pendency of the original petition.

Sd/-

                                                       C.S.DIAS, JUDGE

         DST/20.12.22




20-12-2022                         /True Copy/                         Assistant Registrar
 OP(C) No.2522/2022                    3/3

                      APPENDIX OF OP(C) 2522/2022

Exhibit P8           THE TRUE COPY OF THE ORDERS OF THE HON'BLE SUB COURT,

KOTTARAKKARA DATED 27.10.2022 IN EA NO. 02/2022 IN EP NO. 82/2016 IN OS NO. 610/2012

20-12-2022 /True Copy/ Assistant Registrar