Anil Kumar vs Sajin Siyaj
2023 Latest Caselaw 3549 Ker

OP(C) No.711/2023                                1/2

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                              THE HONOURABLE MR.JUSTICE C.S.DIAS
                    Friday, the 24th day of March 2023 / 3rd Chaithra, 1945
                                     OP(C) NO. 711 OF 2023

       EP 369/2018 IN OS 1782/2016 OF II ADDITIONAL MUNSIFF COURT, TRIVANDRUM

   PETITIONER/JUDGMENT DEBTOR/DEFENDANT:

          ANIL KUMAR, S/O.SIVANKUTTY, AGED 50 YEARS, NIRMALYAM,
          CHOVALLUR, VILAPPILSALA, THIRUVANANTHAPURAM-695543.

   RESPONDENT/COUNTER PETITIONER/DECREE HOLDER/PLAINTIFF:

          SAJIN SIYAJ, S/O.SIYAJUDEEN, TC 18/2874, THOPPIL NAGAR, MUTTADA P.O,
          THIRUVANANTHAPURAM-695025.


        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
   the operation and implementation Ext.P3 & P4 orders passed by the Munsiff
   Court, Thiruvananthapuram in E.A No.151/2023 in EP No.369/2018 in OS
   No.1782/2016, pending disposal of the aforesaid OP(C) in the interest of
   justice.


        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 20-03-2023 and upon hearing the arguments of M/S.RAVI KRISHNAN
   & PONNAN ALEX G.R., Advocates for the petitioner, and of SRI. SUDHEER,
   Advocate for the respondent, the court passed the following:

                                             ORDER

Sri. Sudheer proposes to enter appearance for the respondent. He submits that the respondent has no objection is granting time to the petitioner to vacate the plaint schedule shop room, but subject to the condition that he pays the mesne profits as ordered by the appellate court. He seeks time to file counter affidavit.

Post on 29-03-2023.

The interim order dated 20-03-2023 will stand extended till the date of next hearing.

Sd/- C.S.DIAS, JUDGE

24-03-2023 /True Copy/ Assistant Registrar OP(C) No.711/2023 2/2