P J Joseph vs Baby Mathew
2022 Latest Caselaw 8217 Ker

OP(C) No.1163/2022                            1/4

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT
                          THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
                     Friday, the 1st day of July 2022 / 10th Ashadha, 1944

                                    OP(C) NO. 1163 OF 2022


               EP 24/2019 IN O.S NO. 53/2014 OF SUB COURT, PALA, KOTTAYAM

   PETITIONER:

          P J JOSEPH, AGED 59 YEARS, S/O JOSEPH, PUNNATHANATHU HOUSE,
          BHARANANGANAM KARA , BHARANAGANAGANAM VILLAGE, BHARANANGANAM P.O,
          KOTTAYAM, PIN - 676578

   RESPONDENT:

          BABY MATHEW, AGED 49 YEARS, S/O MATHEW, MUTHUPLACKAL HOUSE,
          CHENNADU KARA, POONJAR VILLAGE, POONJAR P.O, KOTTAYAM, PIN - 686581


        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 pursuant to Exhibit P3, pending disposal of this
   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. GEORGEKUTTY MATHEW, Advocate for the petitioner, the court passed the
   following:


                                                                             [PTO]
 OP(C) No.1163/2022                             2/4




                                   A.BADHARUDEEN, J.

               ------------------------------------------------------------
                                 O.P.(C)No.1163 of 2022
                ------------------------------------------------------------
                         Dated this the 1st day of July, 2022


                                            ORDER

Heard the learned counsel for the petitioner.

Issue notice to the other side.

2. Ext.P3 order dated 02.06.2022 in

E.P.No.24 of 2019 in O.S.No.53 of 2014 whereby, the Sub

Judge, Pala ordered sale of 15 cents of property,

belonging to the judgment debtor/petitioner, which was

published to be sold on 04.07.2022 is under challenge in

this original petition. The decree debt comes to

Rs.48,73,800/-. No amount so far paid by the judgment

debtor.

3. The learned counsel for the petitioner

fairly submitted that the judgment debtor is ready to

settle the E.P. amount and he is ready to deposit OP(C) No.1163/2022 3/4

O.P.(C)No.1163 of 2022 ..2..

Rs.5,00,000/-(Rupees Five lakh only) within two weeks

and another Rs.5,00,000/- (Rupees Five lakh only)

thereafter within two weeks. Therefore, there shall be

stay in selling the property on the said condition.

It is made clear that, if the petitioner is not

paying or depositing the amount as submitted, sale can go

on.

Post on 15.07.2022.

Sd/-

                                                         A.BADHARUDEEN, JUDGE
          rkj


          H/O




01-07-2022                         /True Copy/                               Assistant Registrar
 OP(C) No.1163/2022                 4/4

                      APPENDIX OF OP(C) 1163/2022

Exhibit P3           TRUE COPY OF THE ORDER DATED 02.06.2022