Chacko K.S vs The Kallanode Service ...
2023 Latest Caselaw 3762 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
         Wednesday, the 29th day of March 2023 / 8th Chaithra, 1945

                           OP(C) NO. 824 OF 2023

  EP NO.44 OF 2020 IN ARC NO.408 OF 2010 OF THE MUNSIFF COURT, PERAMBRA

PETITIONER/JUDGMENT DEBTOR/RESPONDENT:

     CHACKO K.S., AGED 71 YEARS, S/O SOURIAR, AGRICULTURIST, KURUPLACKAL
     HOUSE, KOORACHUND AMSOM DESOM, KALLANODE P.O., KOZHIKODE - 673615

RESPONDENT/DECREE HOLDER/PETITIONER:

     THE KALLANODE SERVICE CO-OPERATIVE BANK, LTD. NO. F. 1827 REP BY ITS
     SECRETARY, KALLANODE P.O., KOZHIKODE DISTRICT- 673615


     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.44 of 2020, pending disposal of the
Original Petition.


     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
M/S.MANOJ RAMASWAMY, JOLIMA GEORGE, JISHA SASI, C.B.SABEELA, APARNA G. &
CHINNU ROSE MARY THOMAS, Advocates for the petitioner, the court passed
the following:




                                                                      (P.T.O)
                                 C.S.DIAS,J.
             ====================
                  OP.(C)No. 824 of 2023
             ------------------------------------ ---------
                      Dated this the 29th day of March, 2023

                                 ORDER

Issue notice before admission by speed post to the

respondent.

On a consideration of the pleadings and materials on

record and taking into account the submission made by the

learned counsel appearing for the petitioner that the

petitioner's limited relief is only to pay off the decree debt

in equated monthly instalments, I am inclined to pass a

conditional interim order. Hence, I stay further

proceedings in E.P.No.44/2020 of the Court of the Munsiff,

Perambra, for a period of two months, on condition that the

petitioner deposits Rs.1,00,000/-(Rupees one lakh only)

before the court below within 30 days from today. If the

said amount is deposited, the same shall be released to the

respondent, in accordance with law.

Sd/-

C.S.DIAS,JUDGE

DST/29.03.23

29-03-2023 /True Copy/ Assistant Registrar