Ambily vs Suseela
2023 Latest Caselaw 13593 Ker

Kerala High Court

Ambily vs Suseela on 21 December, 2023

OP(C) No.2862/2023                                1/2

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
            Thursday, the 21st day of December 2023 / 30th Agrahayana, 1945
                                 OP(C) NO. 2862 OF 2023

                     EP 90/2014 IN OS 200/2009 OF MUNSIFF COURT, KAYAMKULAM

   PETITIONER/2nd JUDGMENT DEBTOR:

          AMBILY, AGED 51 YEARS, W/O.SOMARAJAN, RESIDING AT AKHIL NIVAS,
          PATHIYOOR EAST, KAYAMKULAM, ALAPPUZHA, PIN - 690508

   RESPONDENTS/LEGAL REPRESENTATIVES OF THE ORIGINAL PLAINTIFF:

      1. SUSEELA, AGED 54 YEARS, W/O. LATE GOPALAKRISHNAN, RESIDING AT
         KAILASAM HOUSE, PATHIYOOR EAST, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN
         - 690508
      2. GEETHU KRISHNA, AGED 31 YEARS, D/O. LATE GOPALAKRISHNAN, RESIDING
         AT KAILASAM HOUSE, PATHIYOOR EAST, KAYAMKULAM, ALAPPUZHA, PIN -
         690508
      3. SAMBHU, AGED 29 YEARS, S/O. LATE GOPALAKRISHNAN, RESIDING AT
         KAILASAM HOUSE, PATHIYOOR EAST, KAYAMKULAM, ALAPPUZHA, PIN - 690508


        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 Ext.P5 and P7 and direct the Munsiff
   to order the release of the petitioner's husband Somarajan forthwith,
   pending disposal of the Original Petition.


        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.R.RAJASEKHARAN PILLAI, Advocate for the petitioner, the court passed
   the following:

                                              ORDER

Ext.P5 is stayed for a period of two months. If the petitioner who is taken into custody pursuant to Ext.P7 shall be released immediately.

Issue notice by speed post to the respondents. Petitioner may also serve the respondents through the counsel appearing in the court below.

Post on 12.02.2024.

Sd/- C. JAYACHANDRAN, JUDGE

21-12-2023 /True Copy/ Assistant Registrar

APPENDIX OF OP(C) 2862/2023

Exhibit -P5 TRUE COPY OF THE ORDER SHEET DATED 2.11.2023 OBTAINED FROM THE CASE INFORMATION SYSTEM OF THE COURT

Exhibit -P7 TRUE COPY OF THE ORDER DATED 15.12.2023 IN EP 90/2014 IN OS 200/2009, OBTAINED FROM THE CASE INFORMATION SYSTEM OF THE MUNSIFF COURT KAYAMKUALM