Pulikkal Parambil Abdul Kareem vs Muhammed Shamee
2023 Latest Caselaw 4985 Ker

OP(C) No.971/2023                              1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                           THE HONOURABLE MR.JUSTICE C.S.DIAS
                Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
                                   OP(C) NO. 971 OF 2023

                      EP 25/2020 IN OS 18/2013 OF SUB COURT, KANNUR

   PETITIONER/JUDGMENT DEBTOR/DEFENDANT NO.1:

          PULIKKAL PARAMBIL ABDUL KAREEM, AGED 63, S/O EBRAHIM, RESIDING
          PULLOPI IN KANNADIPARAMBA AMSOM,D, DESOM, THALIPARAMBA TALUK, P.O
          KANNADIPARAMPA - 670142

   RESPONDENTS/JUDGMENT CREDITOR/JUDGMENT DEBTOR/DEFENDANTS:

       1. MUHAMMED SHAMEER, PANAKKUNNUMMAL, S/O MAMMU.T.P., AGED 41 YEARS,
          BUSINESS, SAMANWAYAM, PANNIYOOR AMSOM, POOMANGALAM DESOM,
          TALIPARAMBA TALUK, P.O.PANNIYOOR. - 670142
       2. VACHPARAM ARIF, S/O MUHAMMAD, AGED 42 YAERS, PANNIYOOR AMSOM,
          POOMANGALAM DESOM, TALIPARAMBA TALUK, P.O.PANNIYOOR - 670142


        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 pursuant to Exhibit P2 order, pending disposal of
   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
   SRI.BIJU.P.N., Advocate for the petitioner, the court passed the
   following:
                                      ORDER

Issue urgent notice before admission by speed post to the respondents. The petitioner is also directed to serve a copy of the original petition on the leanred counsel appearing for the respondents before the court below and file a memo to the effect.

On a consideration of the pleadings and materials on record and taking note of the observations made by the execution court in paragraph 8 of Ext.P2 order and Ext.P3 proceedings dated 18.2.2023, I am satisfied that the petitioner has made out a prima facie case for an interim order. Hence, I direct the court of the Subordinate Judge, Kannur, to defer the execution of the warrant of arrest issued against the petitioner in EP No.25/2020 in OS No.18/2013 by a period of two months.

Post on 24.05.2023.

                                                     Sd/- C.S.DIAS, JUDGE




13-04-2023                       /True Copy/                          Assistant Registrar
 OP(C) No.971/2023                2/2

                      APPENDIX OF OP(C) 971/2023

Exhibit P2          A COPY OF THE ORDER - DATED 20-2-2023 ,IN EP .25/2020

Exhibit P3          A COPY OF THE PROCEEDINGS OF SUB JUDGE KANNUR