Babumon vs Anil
2022 Latest Caselaw 2750 Ker

OP(C) No.492/2022                              1/2

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT
                           THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
                    Friday, the 11th day of March 2022 / 20th Phalguna, 1943

                                     OP(C) NO. 492 OF 2022


             EP 41/2019 in OS 470/2013 OF PRINCIPAL MUNSIFF COURT, KOLLAM.


   PETITIONERS/ JUDGMENT DEBTORS/ DEFENDANT:


       1. BABUMON, AGED 44 YEARS, S/O. CHELLAPPAN, VALUTHUNDIL HOUSE, MARAVOOR
          CHERRY, EAST KALLADA P.O, EAST KALLADA VILLAGE, KOLLAM DISTRICT,
          PIN-691 502.
       2. MINIMOL, AGED 41 YEARS, W/O. BIJUMON, VALUTHUNDIL HOUSE, MARAVOOR
          CHERRY, EAST KALLADA P.O, EAST KALLADA VILLAGE, KOLLAM DISTRICT,
          PIN-691 502.

   RESPONDENT/ DECREE HOLDER/ PLAINTIFF:

          ANIL, AGED 54 YEARS, S/O. RAGHAVAN, RESIDING AT ANUSREE, SARAYU
          NAGAR 61A, ASRAMAM CHERRY, KOLLAM EAST VILLAGE, KOLLAM TALUK, KOLLAM
          DISTRICT, PIN-691 008.


        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 pass
   an order staying all further proceedings in EP No. 41/2019 in OS No. 470
   of 2013 on the file of the Principle Munsiff Kollam for a period of 6
   months pending final disposal of the Original Petition (Civil).


        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 M.T.SURESHKUMAR, R.RENJITH, SREELAKSHMI SABU & MANJUSHA K, Advocates
   for the petitioners, the court passed the following:




                                                                               (p.t.o)
 OP(C) No.492/2022                             2/2




                                       O R D E R

Issue notice to the respondent by speed post as well as by serving copy of the petition to the learned counsel appearing for the respondent before the court below.

In this case, the Judgment Debtors 1 and 2 impugns proclamation issued by execution court in EP No. 41/2019 on the files of the Principal Munsiff Court, Kollam. It is submitted by the learned counsel for the petitioners that though compromise decree was entered into between the parties to pay Rs. 1,00,000/- with default clause for payment of interest at the rate of 12%, the judgment debtors paid Rs. 1,00,000/- on various occasions and the dispute is subsisting in so far as the amount payable towards interest.

In view of the submission, I am inclined to adjourn the sale posted on 15-03-2022 to 08-04-2022, on condition that the petitioners shall deposit Rs. 35,000/- on or before 07-04-2022 and report the matter on 08-04-2022.

Post on 08-04-2022.

Sd/- A. BADHARUDEEN, JUDGE

11-03-2022 /True Copy/ Assistant Registrar