Jaseentha vs Annie
2023 Latest Caselaw 1827 Ker

OP(C) No.239/2023                              1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT
                           THE HONOURABLE MR.JUSTICE C.S.DIAS
                Wednesday, the 1st day of February 2023 / 12th Magha, 1944
                                   OP(C) NO. 239 OF 2023

              EP 25/2020 IN O.S 340/2012 OF MUNSIFF COURT, WADAKKANCHERY.

   PETITIONER/ RESPONDENT/ JUDGMENT DEBTOR:

          JASEENTHA, AGED 57 YEARS, W/O.PUTHOOKARA FRANCIS, WADAKKANCHERY
          VILLAGE, PULLANIKAD DESOM, THALAPPILLY TALUK, PIN - 680 623.

   RESPONDENTS/ PETITIONERS/ DECREE HOLDERS:

       1. ANNIE, W/O.KOLADIPARAMBIL ABRAHAM, WADAKKANCHERI VILLAGE, PULLANIKAD
          DESOM, THALAPPILLY TALUK, PIN - 680 623.
       2. ABRAHAM, KOLADIPARAMBIL HOUSE, WADAKKANACHERI VILLAGE, PULLANIKAD
          DESOM, THALAPPILLY TALUK, PIN - 680623


        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 orders dated 23-01-2023 in EA No. 27/2023 in EP
   No 25/2020 in O.S No. 340/2012 of the Munsiff Court, Wadakkanchery, till
   the disposal of the above Original Petition (Civil).


        This petition again coming on for admission upon perusing the
   petition and the affidavit filed in support of OP(C) and this court's
   order dated 30-01-2023 and upon hearing the arguments of Sri.
   C.CHANDRASEKHARAN, Advocate for the petitioner and of Sri. MARTIN P.
   JOSE, Advocate for the respondents, the court passed the following:

                                         O R D E R

Sri Martin P. Jose enters appearance for the respondents. He seeks time to get instructions.

On a consideration of the pleadings and materials on record and taking note of Exhibit P6 Judgment passed by this court, I am of the view that Exhibit P7 order is pre- mature. Therefore, Exhibit P7 order passed in EA No. 27/2023 in EP No. 25/2020 of the court of Vadakkanchery is stayed for a month. The court below is directed to proceed with the implementation of Exhibit P3 & P5 orders, which have been confirmed by Exhibit P6- judgment.

Post on 01-03-2023.

                                                     Sd/- C.S.DIAS, JUDGE




01-02-2023                       /True Copy/                          Assistant Registrar
 OP(C) No.239/2023                 2/2

                      APPENDIX OF OP(C) 239/2023

Exhibit-P3          TRUE COPY OF THE ORDER DATED 28/10/2022 IN

E.P.NO.25/2020 IN O.S.NO.340/2012 OF THE MUNSIFF COURT, WADAKKANCHERY.

Exhibit-P5 TRUE COPY OF THE ORDER DATED 16/12/2022 IN E.A.NO.464/2022 IN E.P.NO.25/2020 IN O.S.NO.340/2012 ON THE FILE OF MUNSIFF'S COURT, WADAKKANCHERY.

Exhibit-P6 TRUE COPY OF THE JUDGMENT IN O.P.(C)NO.13/2023 DATED 5.1.2023 ON THE FILE OF THIS HON'BLE COURT.

Exhibit-P7 TRUE COPY OF THE ORDER DATED 23.1.2023 IN E.A.NO.27/2023 IN E.P.NO.25/2020 IN O.S.NO.340/2012