Citation : 2022 Latest Caselaw 955 Ker
Judgement Date : 25 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Tuesday, the 25th day of January 2022 / 5th Magha, 1943
OP(C) NO. 99 OF 2022
EP 6/2016 IN OS 133/2009 OF SUB COURT, HOSDRUG
PETITIONERS/APPLICANTS/JUDGMENT DEBTOR:
1. FRANCIS VARGHESE, AGED 52 YEARS, S/O. VARGHESE, RESIDING AT
NEELAYI, P.O.PUTHARIYADUKKAM, PEROLE VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT, PIN-671314.
2. SALI FRANCIS, AGED 44 YEARS, W/O. FRANCIS VARGHESE, RESIDING AT
NEELAYI, P.O.PUTHARIYADUKKAM, PEROLE VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT, PIN-671314.
RESPONDENTS/RESPONDENTS/DECREE HOLDER:
1. A.SARASWATHI ANTHARJANAM, AGED 70 YEARS, W/O. LATE VISHNU
EMBRANDIRI, RESIDING AT ALAKKOT ILLAM NEELAYIL, P.O.PUTHARIYADUKKAM,
VIA NILESHWAR, PEROLE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT,
PIN-671314.
2. ESHWARA PRASAD A., AGED 45 YEARS, S/O. LATE VISHNU EMBRANDIRI,
RESIDING AT ALAKKOT ILLAM NEELAYIL, P.O.PUTHARIYADUKKAM, VIA
NILESHWAR, PEROLE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT,
PIN-671314.
3. NARAYANAN A., AGED 40 YEARS, S/O. LATE VISHNU EMBRANDIRI, RESIDING
AT ALAKKOT ILLAM NEELAYIL, P.O.PUTHARIYADUKKAM, VIA NILESHWAR,
PEROLE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671314.
4. PARAMESHWRI, AGED 39 YEARS, D/O. LATE VISHNU EMBRANDIRI, RESIDING
AT ALAKKOT ILLAM NEELAYIL, P.O.PUTHARIYADUKKAM, VIA NILESHWAR,
PEROLE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671314.
5. VELLAM PARAMBIL JOSEPH, AGED 66 YEARS, S/O. CHACKO, RESIDING AT
NEELAYIL, P.O.PUTHARIYADUKKAM, VIA NILESHWAR, PEROLE VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671314.
6. VELLAM PARAMBIL MARY JOSEPH, AGED 59 YEARS, W/O. JOSEPH, RESIDING
AT NEELAYIL, P.O.PUTHARIYADUKKAM, VIA NILESHWAR, PEROLE VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671314.
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 E.P No.6/2016 in O.S 133/2009 on the file of
Sub Court, Hosdurg pending disposal of the Original Petition (Civil) in
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.T.K.VIPINDAS, Advocate for the petitioners, the court passed the
following:
A.BADHARUDEEN, J.
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O.P.(C)No.99 of 2022
------------------------------------------------------------
Dated this the 25th day of January, 2022
ORDER
In this matter, no representation for the petitioners
last time. Today when this case is taken, it submitted by
Adv.Sri.Colin Alex representing Adv.Sri.T.K.Vipin Das, the
learned counsel for the petitioners that the concerned counsel
is not well and therefore, the case may be adjourned. Hence,
the matter stands adjourned for three weeks.
In the meanwhile, intimate the court below that no
stay in operation to proceed with E.P.No.6 of 2016 in
O.S.No.133 of 2009 in accordance with law.
Inform the matter to the court below by e-mail
today itself.
Sd/-
A.BADHARUDEEN, JUDGE rkj
25-01-2022 /True Copy/ Assistant Registrar
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