1. Zakkeer Husain (Died) vs Shibukumar
2023 Latest Caselaw 7937 Ker

OP(C) No.1435/2023                             1/1

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                          THE HONOURABLE MR. JUSTICE C.S.DIAS
                Wednesday, the 26th day of July 2023 / 4th Sravana, 1945
                                 OP(C) NO. 1435 OF 2023

           EP 247/2014 IN OS 172/2009 OF PRINCIPAL SUB COURT, NORTH PARAVUR

   PETITIONER/PETITIONERS IN EA/JUDGMENT DEBTORS:

      1. ZAKKEER HUSAIN (DIED), S/O SHAMSUDHEEN, MOKKATHU HOUSE,
         THAIKKATTUKARA.P.O., ALUVA, PIN - 683106

            and 4 others......

   RESPONDENT/RESPONDNET IN EA/DECREE HOLDER:

          SHIBUKUMAR, S/O PRABHAKARAN, AGED ABOUT 50 YEARS, MUDOORA HOUSE,
          EDAYAPURAM, ERUMATHALA. P.O., ALUVA, ERNAKULAM DISTRICT, PIN -
          683112


        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.247/2014 in OS No.172/2009 on the file of
   the Principal Sub Court, North Paravur 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 19-07-2023 and upon hearing the arguments of
   M/S.M.K.ABOOBACKER, D.M.NOWFAL & FOUSIYA RAYINMAKI, Advocates for the
   petitioners and of SRI JERRY RAMESH Advocate for the respondent, the court
   passed the following:

                                       O R D E R

Sri. Jerry Ramesh enters appearance for the respondent. He, on instructions submits that the respondent is ready to accept the conditional interim order dated 19-07-2023 passed by this court, directing the petitioner to withdraw the application filed under Order 21 Rule 19 of the CPC and deposit the entire sale consideration with cost thereof plus 5% as per the mandate of Rule 89 of order 21 CPC. The said submission is recorded.

In the light of the above submission, the petitioners shall comply with the direction dated 19-07-2023 within a period of one month.

The interim order dated 19-07-2023 is extended by two months.

Post on 04-09-2023.

Sd/- C.S.DIAS, Judge.

26-07-2023 /True Copy/ Assistant Registrar