Augustine V.A vs Anthony Thomas
2023 Latest Caselaw 3405 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM


                                       PRESENT


                    THE HONOURABLE MR.JUSTICE C.S.DIAS


                           th
          Friday, the 24        day of March 2023 / 3rd Chaithra, 1945


                                OP(C) NO. 1951 OF 2022


   EP 3/2020 IN O.S 346/2017 OF MUNSIFF COURT, CHANGANACHERRY, KOTTAYAM

PETITIONERS/ JUDGMENT DEBTOR/ DEFENDANT:

     AUGUSTINE V.A, AGED 64 YEARS, S/O AUGUSTINE, VANIYAPURACKAL HOUSE,
     THURUTHI P.O., VAZHAPPALLY PADINJATTUMBHAGOM VILLAGE,
     CHANGANACHERRY, KOTTAYAM DISTRICT. PIN- 686535, PIN - 686535

RESPONDENT/ DECREE HOLDER/ PLAINTIFF:

     ANTHONY THOMAS, AGED 73 YEARS, S/O ANTONY, THEKKEKARA HOUSE,
     CHANGANACHERRY P.O., PUZHAVATHU MURI, CHANGANACHERRY VILLAGE,
     CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, PIN - 686101


     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 pursuant to Exhibit P2, order dated 29-06-2022 in
EP No. 3/2020 in O.S No. 346/2017 of Munsiffs Court, Changanacherry
pending disposal of the Original Petition (C).


     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
17-10-2022 and upon hearing the arguments of Sri. K.N.RADHAKRISHNAN
(THIRUVALLA), Advocate for the petitioner, the court passed the following:


                                                                         [PTO]
                        C.S DIAS,J.
                   ---------------------------
               O.P (C) No.1951 of 2022
                  -----------------------------
            Dated this the 24th March, 2023

                           ORDER

Service is complete.

2. In view of the submission made by the learned

counsel for the petitioner that the petitioner is prepared

to pay off the decree amount in equated monthly

installments, I am inclined to extend the interim order

dated 17.10.2022 by two months, on condition that the

petitioner has already complied with the conditions in the

above dated order and further deposits an amount of

Rs.1,00,000/- (Rupees One lakh only) before the court

below within a period of thirty days from today. If the

said amount is deposited, the same shall be released to

the respondent in accordance with law.

3. The learned counsel appearing for the petitioner

is also simultaneously permitted to serve a copy of this

original petition on the learned counsel appearing for the OP (C) No.1951 of 2022

respondent before the court below and file a memo to

the effect.

Sd/-

C.S.DIAS, JUDGE

SPR

24-03-2023 /True Copy/ Assistant Registrar