Saleem vs Vishwanathan
2023 Latest Caselaw 1688 Ker

CRP No.21/2023                                 1/1

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                          THE HONOURABLE MR.JUSTICE C.S.DIAS
                 Friday, the 27th day of January 2023 / 7th Magha, 1944

                          IA.NO.1/2023 IN CRP NO. 21 OF 2023


       EP 109/2019 IN C.C 17 OF 2016 OF THE MUNSIFF COURT, CHITTUR, PALAKKAD

   PETITIONER/ PETITIONER/ JUDGMENT DEBTOR:

          SALEEM, AGED 41 YEARS, S/O.SULAIMAN, THENGODE HOUSE, PATTANCHERY
          P.O., PATTANCHERY VILLAGE, CHITTUR TALUK, PALAKAD DIST, PIN - 678
          532

   RESPONDENT/ RESPONDENT/ DECREE HOLDER:

          VISHWANATHAN, AGED 61 YEARS, S/O.VELAYUDHAN, ANAKAD HOUSE,
          PATTANCHERY P.O, PATTANCHERY VILLAGE, CHITTUR TALUK, PALAKAD DIST,
          PIN - 678 532.


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the entire
   proceedings in EP No. 109 of 2019 in C.C No. 17 of 2016 of the Munsiffs
   Court, Chittur, during the pendency of this Revision Petition, for the
   ends of justice.


        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of M/S JOHN JOSEPH (ROY) & TITUS JOSEPH, Advocates for the petitioner, the
   court passed the following:

                                        O R D E R

On a consideration of the averments in the affidavit filed in support of the application, after hearing the learned counsel appearing for the petitioner and after perusing the impugned order, I am satisfied that the petitioner has made out a prima facie case for an interim order. Hence, I stay the personal execution as against the petitioner in EP No. 109/2019 of the court of the Munsiff, Chittur, Palakkad for a period of one month.

Sd/- C.S.DIAS, JUDGE

27-01-2023 /True Copy/ Assistant Registrar