Citation : 2023 Latest Caselaw 2630 Ker
Judgement Date : 24 February, 2023
OP(C) No.1994/2022 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Friday, the 24th day of February 2023 / 5th Phalguna, 1944
OP(C) NO. 1994 OF 2022
EP 37/2016 IN O.S 408/2003 OF ADDITIONAL SUB COURT, KOTTAYAM.
PETITIONER:
STATE BANK OF INDIA (SARC), SME CENTRE, POLACHIRACKAL CHAMBERS, OPP:
K.K. ROAD, COLLECTORATE, KOTTAYAM -686002.
RESPONDENTS (LR OF JUDGMENT DEBTOR):
1. GEETHA SEKHARAN, W/O. LATE P.N. SEKHARAN, PARAYAMKARIYIL
HOUSE, PADINJATTUMBHAGAM KARA, ATHIRAMPUZHA VILLAGE, ATHIRAMPUZHA
P.O, KOTTAYAM - 686562.
AND 3 OTHERS
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;
i) stay further proceedings in E.P 37/2016 in O.S No.408/2003 on the
file of the Additional Sub Court, Kottayam, pending final disposal of the
above original petition.
ii) injunct 1st respondent from transferring or charging the
property covered under Exhiibit P5, pending final disposal of the above
Original Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of OP(C) and this court's order dated
20.01.2023 and upon hearing the arguments of M/S PREETHI.P.V & DEEPA
NARAYANAN, M.V.BALAGOPAL & SANGEETHA SREEKUMAR, Advocates for the
petitioner, and of Mr.T.SETHUMADHAVAN, Senior Advocate along with M/S
S.RAJIT, GOKULDAS V.V.H & A.SIVAMANI KAIMAL, Advocates for R1, the court
passed the following:
O R D E R
Despite repeated steps being taken to effect service of notice on the respondents 2 to 4, they are not being served in the ordinary way. Hence, the petitioner is permitted to take out substituted service of notice by paper publication in the "Mangalam Daily" having circulation in Kottayam district.
The interim order dated 19.10.2022 is extended by four months.
Sd/- C.S.DIAS, JUDGE
24-02-2023 /True Copy/ Assistant Registrar OP(C) No.1994/2022 2/2
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