A.C.Baby vs Sheeja And Another
2022 Latest Caselaw 6216 Ker

OP(C) No.906/2022                                1/1

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                             THE HONOURABLE MR.JUSTICE C.S.DIAS
                Wednesday, the 1st day of June 2022 / 11th Jyaishta, 1944

                                   OP(C) NO. 906 OF 2022


                    EP 8/2021 IN OS 8/2018 OF SUB COURT DEVIKULAM, IDUKKI

   PETITIONER/DEFENDANT/JUDGMENT DEBTOR:

          A.C.BABY, S/O CHACKO, ELAMTHANATHU HOUSE, POTTENKADU P.O,
          BISONVALLEY KARA, BISONVALLEY VILLAGE, UDUMBANCHOLA TALUK,
          PIN-685565.

   RESPONDENTS/PLAINTIFF/DECREE HOLDER:

          1.SHEEJA, W/O SHAJI, THEKKEPOLAYIL HOUSE, KALLIKKATTU KARA,
          ARATTUPUZHA VILLAGE, KARTHIKAPPILLY TALUK, PIN- 690535
          2. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, IDUKKI,
          COLLECTORATE, KUYILIMALA, PYNAVU P.O, IDUKKI, PIN-685603

        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.8/2021 in O.S. No.8/2018 on the files of
   Sub Court Devikulam pending disposal of the above Original Petition
   (Civil), to meet the ends 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
   MR. UNNIKRISHNAN.V.ALAPATT, Advocate for the petitioner, Government
   Pleader for R2, the court passed the following:
                                      ORDER

Issue notice before admission by speed post to the 1st respondent. Learned Government Pleader takes notice for the 2nd respondent.

The petitioner is also permitted to serve a copy of the memorandum of Original Petition on the learned counsel appearing for the 1st respondent before the Execution Court. The Registry is directed to call for a report from the Court of the District Judge, Thodupuzha, as to the status and time period required to dispose of I.A No.1/2021 in A.S (Indigent) No... of 2021.

On a consideration of the pleadings and materials on record, I am satisfied that the petitioner is entitled for an interim relief. Hence, I stay all further proceedings in E.P No.8/2021 in O.S No.8/2018 of the Court of the Subordinate Judge, Devikulam, for a period of three weeks.

Post on 24.06.2022.

                                                       Sd/- C.S.DIAS, JUDGE




01-06-2022                         /True Copy/                                Assistant Registrar