Citation : 2022 Latest Caselaw 2984 Ker
Judgement Date : 16 March, 2022
OP(C) No.1721/2019 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Wednesday, the 16th day of March 2022 / 25th Phalguna, 1943
OP(C) NO. 1721 OF 2019
EP NO 152/2016 IN OS 254/2007 OF PRINCIPAL SUB COURT / COMMERCIAL COURT, KOLLAM.
PETITIONER:
SREEDEVI AMMA, AGED 52 YEARS, D/O ESWARI AMMA, ESWARA VILASAM,
THEKKEVILA CHERRY, MUNDAKKAL VILLAGE, KOLLAM
RESPONDENT:
VIJAYARAGHAVA KURUP, S/O KUNJUKRISHNA KURUP, KAMALALAYAM VEEDU,
KAIKULANGARA, THIRUMULLAVARAM P.O., KOLLAM-691 012.
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 including sale of the Petitioner's Property
pursuant to Exhibit P6 Order of Proclamation in EP No. 152/2016 in O.S No.
254/2007 on the file of the Subordinate Judge, Kollam covered in Exhibit
P3 till the disposal of this Original Petition (Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of OP(C) and this court's order dated
30-01-2020 and upon hearing the arguments of M/S B.MOHANLAL & P.S.PREETHA,
Advocates for the petitioner and of DR.K.P.SATHEESAN, Senior Advocate
along with M/S P.MOHANDAS (ERNAKULAM), S.VIBHEESHANAN, K.SUDHINKUMAR,
S.K.ADHITHYAN & SABU PULLAN, Advocates for the respondent, the court
passed the following:
O R D E R
In this case, Rs 1,50,000/- out of the decree amount has been paid by the petitioner who is the judgment debtor. He is ready to deposit the remaining amount by way of instalment. The other side also not strongly opposed the said prayer. In view of the submission, I direct the peitioner to pay over Rs. 50,000/- on or before 16-04-2022 and pay Rs 50,000/- on 16-05-2022 and file memo before the trial court and convince this court also regarding the payment when this case will be called on 20-05-2022. Till then the execution stand stayed.
Sd/- A. BADHARUDEEN, JUDGE
16-03-2022 /True Copy/ Assistant Registrar
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