Ullas Kumar K.P vs The Payyannur Service ...
2022 Latest Caselaw 12597 Ker

OP(C) No.2588/2022                              1/1

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                           THE HONOURABLE MR.JUSTICE C.S.DIAS
                 Friday, the 23rd day of December 2022 / 2nd Pousha, 1944
                                  OP(C) NO. 2588 OF 2022

                 EP 35/2020 IN ARC 1974/2017 OF MUNSIFF COURT, PAYYANNUR

   PETITIONER/2ND RESPONDENT/2ND JUDGMENT DEBTOR:

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

   RESPONDENTS/PETITIONER/DECREE HOLDER/JUDGMENT DEBTOR 1 & 3:

      1. THE PAYYANNUR SERVICE CO-OPERATIVE BANK LTD NO. F.1401, REP. BY ITS
         SECRETARY, PAYYANNUR AMSOM AND DESOM, KANNUR DISTRICT, PIN - 670307
      2. ABDUL KAREEM M, S/O. ABDULLA, PUNCHAKKATT, PAYYANNUR, KANNUR, PIN -
         670307
      3. MUHAMMAD RAFI A.P, S/O. ABDUL RAHIMAN, KOTTY, PAYYANNUR, KANNUR
         DISTRICT, 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.35/2020 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:

                                           ORDER

Issue 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 petitioner seeks for the limited relief to pay off the decree debt in equated monthly instalments, I am inclined to grant a conditional interim order. Hence, I stay all further proceedings in EP No.35 of 2020 of the Court of the Munsiff, Payyannur, for a period of one month on condition that the petitioner deposits an amount of Rs.75,000/- (Rupees Seventy five thousand only) before the court below within a period of four weeks from today.

Post on 06.01.2023.

                                                      Sd/- C.S.DIAS, JUDGE




23-12-2022                        /True Copy/                                Assistant Registrar