Ullas Kumar K.P vs The Payyannur Service ...
2022 Latest Caselaw 11902 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS


      Wednesday, the 21st day of December 2022 / 30th Agrahayana, 1944

                          OP(C) NO. 2527 OF 2022

                  EP 37/2020 OF MUNSIFF COURT, PAYYANNUR

PETITIONER/3RD RESPONDENT/JUDGMENT DEBTOR:

     ULLAS KUMAR K.P., AGED 40 YEARS, KALASAPURAYIL HOUSE, PUNCHAKKATT,
     PAYYANNUR, KANNUR DISTRICT, PIN - 670307.

RESPONDENTS/PETITIONER/DECREE HOLDER/JUDGMENT DEBTOR 1 & 2:

  1. THE PAYYANNUR SERVICE CO-OPERATIVE BANK LTD NO. F.1401, REP. BY ITS
     SECRETARY, PAYYANNUR AMSOM AND DESOM, KANNUR DISTRICT, PIN - 670307.
  2. MUHAMMAD RAFI A.P, S/O. ABDUL RAHIMAN, KOTTY, PAYYANNUR, KANNUR
     DISTRICT, PIN - 670307.
  3. ABDUL KAREEM M, S/O. ABDULLA, PUNCHAKKATT, PAYYANNUR, KANNUR, PIN -
     670307.

     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 No.37/2020 on the file of Munsiff Court,
Payyannur, for the interest of justice.
     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.C.K.SREEJITH, Advocate for the petitioner, the court passed the
following:




                                                                   (P.T.O)
                         C.S.DIAS,J.
    ====================
                O.P (C)No. 2527 of 2022
   ------------------------------------ ---------
         Dated this the 21st day of December, 2022

                         ORDER

Issue urgent notice before admission by speed post to

the respondents.

On a consideration of the pleadings and materials on

record and taking note of the submission made by the

learned counsel appearing for the petitioner that the limited

prayer of the petitioner is to pay off the decree debt in

equated monthly installments, I am inclined to pass a

conditional interim order. Hence, I stay all further

proceedings in E.P.No.37/2020 of the Court of the Munsiff,

Payyannur, for a period of one month , on condition that the

petitioner deposits an amount of Rs.1/- lakh before the court

below, within a period of one month from today. If the said OP(C).No.2527 of 2022

amount is deposited, the same shall be released to first

respondent in accordance with law.

Post on 19.01.2023.

Sd/-

C.S.DIAS, JUDGE rmm/21/12/2022

21-12-2022 /True Copy/ Assistant Registrar