Kerala High Court
Abdulla vs Moideenkutty on 31 March, 2023
OP(C) No.835/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Friday, the 31st day of March 2023 / 10th Chaithra, 1945
OP(C) NO. 835 OF 2023
EP 94/2019 IN O.S NO.24/2014 OF THE SUB COURT, MANJERI
PETITIONER/JUDGMENT DEBTOR/DEFENDANT:
ABDULLA, AGED 50 YEARS, S/O. ABDUL KHADER, KALLARAKUZHI HOUSE,
AALIPARAMBU AMSOM, PARAL DESOM, THOOTHA P.O., PERINTHALMANNA TALUK,
MALAPPURAM DISTRICT, PIN - 679357
RESPONDENT/DECREE HOLDER/PLAINTIFF:
MOIDEENKUTTY, AGED 52 YEARS, S/O. PALLIYALIL HAMSA, KOTTAKKAL AMSOM
DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676503
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 P6, pending disposal of the
above Original Petition (Civil).
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.RAKESH, Advocate for the petitioner, the court passed the following;
(P.T.O)
OP(C) No.835/2023 2/4
C.S DIAS,J.
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O.P (C)No.835 of 2023
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Dated this the 31st March, 2023
ORDER
Issue urgent notice before admission by speed post
to the respondent. The petitioner is also simultaneously
permitted to serve a copy of the original petition on the
learned Counsel appearing for the respondent before the
court below and file a memo to the effect.
On a consideration of the pleadings and materials on
record and taking into account Exts.P4 and P5 objections
and the submission made by the learned counsel
appearing for the petitioner that the petitioner's limited
relief is only to pay off the decree amount in equated
monthly installments, I am inclined to pass a conditional
interim order. Hence, I stay all further proceedings in
E.P.No.94/2019 of the Court of the Subordinate Judge,
Manjeri, for a period of two months, on condition that
the petitioner deposits an amount of Rs.5,00,000/-
OP(C) No.835/2023 3/4
O.P (C) No.835/2023
(Rupees Five 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.
ma/31.3.2023 Sd/-C.S.DIAS, JUDGE
31-03-2023 /True Copy/ Assistant Registrar
OP(C) No.835/2023 4/4
APPENDIX OF OP(C) 835/2023
Exhibit P4 A TRUE COPY OF THE OBJECTION TO EXHIBIT P3 FILED BY THE
PETITIONER DATED 17-10-2022
Exhibit P5 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER AS
AGAINST THE VALUATION CERTIFICATE OF THE RESIDENTIAL
BUILDING DATED 9-1-2023
Exhibit P6 A TRUE COPY OF THE PROCLAMATION OF SALE ISSUED DATED,
17-3-2023
31-03-2023 /True Copy/ Assistant Registrar
