Santhosh.A vs The Calicut Town Service ...
2023 Latest Caselaw 9143 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
         Wednesday, the 23rd day of August 2023 / 1st Bhadra, 1945
                          OP(C) NO. 1774 OF 2023

      EP 301/2022 IN ARC NO. 1623/2019 OF THE SUB COURT, KOZHIKODE.

PETITIONER/ RESPONDENT/ JUDGMENT DEBTOR:

     SANTHOSH.A, AGED 54 YEARS, S/O. VASU, ATHIKKAL
     HOUSE, KOLATHARA.P.O, KOZHIKODE, PIN - 673 027.

RESPONDENT/ PETITIONER/ DECREE HOLDER:

     THE CALICUT TOWN SERVICE CO-OPERATIVE BANK LTD, REPRESENTED BY ITS
     GENERAL MANAGER, TOWN BANK TOWER, A.G. ROAD, KOZHIKODE, PIN - 673
     001.


     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 No. 301/2022 in ARC No. 1623/2019 pending
before the Sub Court (IIA), Kozhikode pending disposal of the above
Original Petition (Civil), to meet the ends 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
Sri. K.PRAVEEN KUMAR, Advocate for the petitioner, the court passed the
following:


                                                                      (PTO)
                        C.S.DIAS,J.
   ====================
       O.P.(C)No.1774 of 2023
   ------------------------------------ ---------
            Dated this the 23rd day of August, 2023

                        ORDER

Issue notice before admission by speed post to the

respondent returnable within 10 days.

Having considered the pleadings and materials on

record and taking note of the submission made by the

learned counsel appearing for the petitioner that the

petitioner's limited relief is only to pay off the award

amount in equated monthly instalments, I am inclined

to pass a conditional interim order. Hence, I stay the

personal execution as against the petitioner in

E.P.No.301/2022 in A.R.C.No.1623/2019 of the Court of

the Subordinate Judge, Kozhikode, for a period of one

month, subject to the condition that the petitioner

remits an amount of Rs.2,00,000/-(Rupees two lakh

only) before the court below within 30 days from today.

If the said amount is deposited, the same shall be O.P.(C)No.1774/2023

released to the respondent, in accordance with law.

Post on 20.09.2023.

Sd/-

C.S.DIAS,JUDGE DST/23.08.2023

23-08-2023 /True Copy/ Assistant Registrar