Mareena Sukumaran vs M.N.Mohanan
2022 Latest Caselaw 10537 Ker

OP(C) No.1905/2022                                1/2

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                               THE HONOURABLE MR.JUSTICE C.S.DIAS
                     Friday, the 7th day of October 2022 / 15th Aswina, 1944

                                     OP(C) NO. 1905 OF 2022


             OS 27/2019 OF MUNSIFF MAGISTRATE COURT, ERATTUPETTA, KOTTAYAM

   PETITIONER/ 1st DEFENDANT:

          MAREENA SUKUMARAN, AGED 53 YEARS, PULIYALLIYIL HOUSE,
          ILANKAD, KOOTTIKKAL VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT,
          PIN - 686514

   RESPONDENTS/ PLAINTIFF:

      1. M.N.MOHANAN, AGED 72 YEARS, S/O NARAYANAN VAIDYAN, RESIDING AT
         MANIPUZHA HOUSE, MUNDAKKAYAM, ERUMELI NORTH VILLAGE, KANJIRAPPALLY
         TALUK, KOTTAYAM DISTRICT, PIN - 686509
      2. THE SECRETARY, KOOTTIKKAL GRAMA PANCHAYAT, KOOTTIKKAL P.O.,
         KOTTAYAM, PIN - 686514


        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 proceedings in O.S No. 27 of 2019 of the Erattupetta Munsiff Court and
   stay Exhibit P7 order dated 02-09-2022, till the disposal of the Original
   Petition (C).


        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
   Sri. V.S.BABU GIREESAN, Advocate for the petitioner, the court passed the
   following:

                                            O R D E R

Admitted. Issue notice to the respondents.

On a consideration of the pleadings and materials on record, and taking note of Exhibit P2(a) Judgment, I am satisfied that the petitioner has made out a prima facie case for an interim order. Hence, I stay all further proceedings in O.S No. 27/2019 of the court of the Munsiff, Erattupetta, for a period of one month.

                                                        Sd/- C.S.DIAS, JUDGE




07-10-2022                          /True Copy/                          Assistant Registrar
 OP(C) No.1905/2022                 2/2

                      APPENDIX OF OP(C) 1905/2022

Exhibit P2           TRUE COPY OF THE PLAINT IN O.S.NO.38 OF 2012 OF THE
                     MUNSIFF COURT, ERATTUPETTA

Exhibit P2(a)        TRUE COPY OF THE ORDER DATED 23.08.2013 DISMISSING

EXT.P2 FOR DEFAULT BY THE MUNSIFF COURT, ERATTUPETTA

Exhibit P7 TRUE COPY OF THE ORDER DATED 02.09.2022 IN O.S.NO.27 OF 2019 OF THE MUNSIFF COURT, ERATTUPETTA