Fathima Beevi vs Joly John
2023 Latest Caselaw 4335 Ker

OP(C) No.725/2023                              1/1

                        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. 725 OF 2023

          EP 39/2018 IN O.S 279/2010 OF THE      ADDITIONAL SUB COURT, KOTTAYAM

   PETITIONER/ RESPONDENT/ JUDGMENT DEBTOR:

          FATHIMA BEEVI, AGED 82 YEARS, W/O. SAID MUHAMMAD RAWTHER,
          PUTHENPURAYIL VEEDU, PADINJATTUM BHAGOM KARA, ATHIRAMPUZHA VILLAGE,
          KOTTAYAM, NOW RESIDING AT KANNANTHANANAM BUILDING, HOUSE NO. A 379,
          WARD NO.21, MUNDAKKAYAM VILLAGE, MUNDAKKAYAM P.O, KOTTAYAM, PIN -
          686 502.

   RESPONDENT/ PETITIONER/ DECREE HOLDER:

          JOLY JOHN, AGED 52 YEARS, S/O. ULAHANAN, PAZHURAKATHU HOUSE,
          ARPPOOKARA KARA, ARPPOOKARA VILLAGE, KOTTAYAM TALUK, KOTTAYAM
          DISTRICT, PIN - 686008


        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. 39/2018 in O.S No. 279/2010 before the
   Additional Subordinate Judge's Court, Kottayam, pending final disposal of
   the 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 dtaed 24.03.2023 and upon hearing the arguments of M/S S.RANJIT &
   GOKUL DAS V.V.H, Advocates for the petitioner, the court passed the
   following:

                                        O R D E R

Admitted. Issue notice by speed post to the respondent.

On a consideration of the pleadings and materials on record, I am satisfied that the petitioner has made out a prima facie case for an interim order. Hence I stay further proceedings in EP No.39/2018 in OS 279/2010 of the Court of the Addl. Subordinate Judge, Kottayam, for a period of two months.

Sd/-

C.S.DIAS, JUDGE

31-03-2023 /True Copy/ Assistant Registrar