Abdullakutty P.P,Represented By ... vs The Manager , Canera Bank, ...
2023 Latest Caselaw 170 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
          Friday, the 6th day of January 2023 / 16th Pousha, 1944
                            OP(C) NO. 31 OF 2023

          EP 140/2020 IN OS 362/2019 OF MUNSIFF COURT, OTTAPPALAM

PETITIONERS/JUDGMENT DEBTORS/DEFENDANTS:

  1. ABDULLAKUTTY P.P, S/O.OSHALIL, AGED 37 YEARS, PALAKKAPARAMBIL HOUSE,
     VARODE PO, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN-679 102,
     REPRESENTED BY POWER OF ATTORNEY HOLDER RAHMATH.V, AGED 38 YEARS,
     W/O ABDULLAKUTTY, PALAKKAPARAMBIL HOUSE, VARODE (P.O), OTTAPALAM
     TALUK, PALAKKAD DISTRICT., PIN - 679102
  2. RAHMATH.V, AGED 38 YEARS, W/O ABDULLAKUTTY, PALAKKAPARAMBIL HOUSE,
     VARODE (P.O), OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679102

RESPONDENT/DECREE HOLDER/PLAINTIFFS:

     THE MANAGER, CANERA BANK, OTTAPALAM BRANCH, ARIYOOR THEKKUMURI
     DESOM, OTTAPALM AMSOM, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN -
     679102


     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 EP No.140/2020, in OS No.362/2019, on the file
of the Hon'ble Munsiff, Ottapalam, pending consideration of this Original
Petition, in the interest of justice.

     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.K.RAVI (PARIYARATH), Advocate for the petitioners and of
SRI.GOPIKRISHNAN NAMBIAR, Advocate for the respondent, the court passed
the following:



                                                                    (P.T.O)
                                   C.S.DIAS, J.
                         =================
                             OP(C) No.31 of 2023
                      =====================
                    Dated this the 06th day of January, 2023

                                    ORDER

Sri.Gopikrishnan Nambiar takes notice for the

respondent. He prays for time to get instructions.

On a consideration of the pleadings and materials on

record, and the submission made by the learned counsel

appearing for the petitioners that petitioners only want a

breathing time to pay off the decree debt in installments, I am

inclined to pass conditional interim order. Hence, I direct the

Court of the Munsiff, Ottappalam to defer further proceedings

in E.P.No.140/2020 in O.S.362/2019 for a period of one month

on condition that petitioners deposit an amount of Rs.50,000/-

(Rupees Fifty Thousand only) before the court below within

one month from today. If the said amount is deposited, the

same shall be released to the respondent.

Post on 23.01.2023.

       H/O.                                           Sd/-

                                              C.S.DIAS, JUDGE
       nak
       a


06-01-2023                  /True Copy/                        Assistant Registrar