K.G. Georgekutty vs Mathew Chacko
2023 Latest Caselaw 9395 Ker

OP(C) No.1803/2023                                 1/1

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT
                              THE HONOURABLE MR.JUSTICE C.S.DIAS
                     Friday, the 25th day of August 2023 / 3rd Bhadra, 1945
                                     OP(C) NO. 1803 OF 2023

        EP 14/2017 IN O.S 74/2013 IN OF ADDITIONAL MUNSIFF COURT, ALAPPUZHA.

   PETITIONER/ 1st CR. PETITIONER/ 1ST JUDGMENT DEBTOR/ 1ST DEFENDANT:

          K.G. GEORGEKUTTY, AGED 84 YEARS, KOLLAM CHIRAYIL, S/O.
          GEEVARGHESE, KUTTAMANGALATHU HOUSE, ANAPRAMBAL SOUTH MURI, THALAVADY
          VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT, PIN - 689572

   RESPONDENT/ PETITIONER & 2ND CR. PETITIONER/ DECREE HOLDER & 2ND JUDGMENT
   DEBTOR/ PLAINTIFF & 2ND DEFENDANT:

      1. MATHEW CHACKO, AGED 75 YEARS, S/O. ITTY MATHEW, RESIDING AT
         VAIPANAYIL HOUSE, NEDUMPRAM PADINJAREKARA MURI, NEDUMPRAM VILLAGE,
         THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN - 689110
      2. GEORGE, RESIDING AT KOLLAM CHIRAYIL HOUSE IN ANAPRAMBAL SOUTH MURI
         OF THALAVADY VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT, PIN -
         689572 (EXPIRED)

        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 EA No. 136 of 2023 in EP No. 14 of 2017 in O.S
   No. 74 of 2013 in the court of Munsiff, Alappuzha till the 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.NARENDRA KUMAR & B.RAJESH (KOTTAYAM), Advocates for the petitioner,
   the court passed the following:
                                    O R D E R

Issue notice before admission by speed post to respondents.

Having considered the pleadings and materials on record & after perusing Exhibit P9, I am satisfied that the petitioner is entitled for an interim order. Hence, I direct all further proceedings in EP No. 14/2017 in O.S No. 74/2013 on the files of the Addl. Munsiff's Court, Alappuzha to be deferred till 19-09-2023.

Post on 19-09-2023.

Sd/- C.S.DIAS, JUDGE

EXHIBIT P9: TRUE COPY OF THE ORDER DATED 10-08-2023 IN E.A NO. 136/2023 IN EP NO. 14/2017 IN O.S NO. 74/2013 IN THE COURT OF THE ADDL. MUNSIFF ALAPPUZHA.

25-08-2023 /True Copy/ Assistant Registrar