Suresh vs M/S Malayalam Benefit Fund Ltd
2022 Latest Caselaw 6877 Ker

OP(C) No.1006/2022                                1/1

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                            THE HONOURABLE MR.JUSTICE C.S.DIAS
                     Tuesday, the 14th day of June 2022 / 24th Jyaishta, 1944

                                    OP(C) NO. 1006 OF 2022


           EP 473/2019 in OS 945/2017 OF MUNSIFF COURT, KODUNGALLUR, THRISSUR

   PETITIONERS/JUDGMENT DEBTORS NOS 1,3 AND 4/DEFENDANTS 1,3 & 4:

      1. SURESH, AGED 49 YEARS, S/O VASU, KOCHARA HOUSE, ARISHERRYPALAM,
         LOKAMALESWARAM, KODUNGALLUR THALUK, THRISSUR DISTRICT
      2. BABU, AGED 41 YEARS, S/O RAJAN, MAKKANAYI PARAMBIL, PADAKULAM,
         METHALA DESOM, KODUNGALLUR TALUK, THRISSUR DISTRICT.
      3. ABDUL JALEEL, AGED 51 YEARS, S/O SULIMAN, PARAYIL HOUSE, METHALA
         DESOM, KODUNGALLUR THALUK, THRISSUR DISTRICT.

   RESPONDENT/DECREE HOLDER/PLAINTIFF:

          M/S MALAYALAM BENEFIT FUND LTD, ENGANDIYUR,CHAVAKAD TALUK,THRISSUR
          DISTRICT, PIN-680615, REPRESENTED BY IT'S LEGAL MANAGER.


         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
   473/2019 in OS 945/2017 of the Munsiff Court, Kodungallur, 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 M/S.K.S.RAJESH &
   M.SHAJU PURUSHOTHAMAN, Advocates for the petitioners, the court passed the
   following:

                                             ORDER

Issue notice before admission to the respondent by speed post. The petitioners are also simultaneously permitted to serve a copy of the memorandum of the original petition on the learned counsel appearing for the respondent before the court below.

On a consideration of the pleadings and materials on record, especially, the limited prayer of the petitioners to pay off the decree debt in instalments, I stay all further proceedings in EP No.473/2019 in OS No.945/2017 of the Court of the Munsiff, Kodungallur on condition that the petitioners deposit an amount of Rs.50,000/- (Rupees Fifty thousand only) before the Court below on or before 30.06.2022. If the said amount is deposited, the same shall be released to the respondent in accordance with law.

Post on 07.07.2022.

                                                         Sd/- C.S.DIAS, JUDGE




14-06-2022                          /True Copy/                                 Assistant Registrar