V K Ramachandran vs V. V. Augustine
2022 Latest Caselaw 6669 Ker

OP(C) No.972/2022                             1/3

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT
                              THE HONOURABLE MR.JUSTICE C.S.DIAS
                    Thursday, the 9th day of June 2022 / 19th Jyaishta, 1944

                                     OP(C) NO. 972 OF 2022


                EP 20/2020 IN OS 502/2010 OF SUB COURT, HOSDRUG, KASARGOD

   PETITIONER/JUDGMENT DEBTORR/DEFENDANT:

          V K RAMACHANDRAN, AGED 73 YEARS, S/O KRISHAN VADYAR, KALLAR
          MADATHIL, KALLAR VILLAGE, HOSDURG TALUK, RAJAPURAM P.O., KASARGOD,
          PIN - 671532.

   RESPONDENT/DECREE HOLDER/PLAINTIFF:

          V. V. AUGUSTINE, AGED 79 YEARS, S/O LATE VALAVANATHURTHEL VARKEY,
          VALAVANATHURTHEL, VAZHAKALA VILLAGE, PALLIPARAM KARA, KANAYANNUR
          TALUK, EDAPPALLY P. O., KOCHI, PIN - 682024


        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
   the warrant of arrest issued against the petitioner pursuant to Exhibit P3
   order 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
   M/S.SUNNY XAVIER & C.P.PRETTY, Advocates for the petitioner, the court
   passed the following:




                                                                               (P.T.O)
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                                          C.S DIAS,J.
                                      ---------------------------
                                  OP(C) No.972 of 2022
                                     -----------------------------
                            Dated this the 9th day of June, 2022.

                                                    ORDER

Issue notice before admission to the respondent.

Post immediately after service is complete.

On a consideration of the pleadings and materials on

record, I am satisfied that the petitioner has made out a

prima facie case to pass a conditional interim order. Hence I

stay all further proceedings in EP No.20/2020 in OS

No.502/2010 of the Court of the Subordinate Judge, Hosdurg,

on condition that the petitioner deposits an amount of

Rs.1,00,000/- (Rupees One Lakh only) before the Execution

Court within a period of three weeks from today. It is made

clear that if the said condition is not complied with, there is

no legal impediment for the Execution Court to proceed with

Ext P2.

sd/-

          Sks/9.6.2022                                          C.S.DIAS, JUDGE




09-06-2022                            /True Copy/                            Assistant Registrar
 OP(C) No.972/2022                3/3

                      APPENDIX OF OP(C) 972/2022

Exhibit P2          A COPY OF THE ORDER DATED 30/09/2021 IN EA NO.01/2021
                    IN EP NO.20/2020

Exhibit P3          COPY OF THE ORDER E.P. NO 20/2020 DATED 18/12/2021