Rajesh K P vs Pny Sabha Finance Ltd ...
2023 Latest Caselaw 5697 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM


                                       PRESENT


                    THE HONOURABLE MR.JUSTICE C.S.DIAS


                            th
          Tuesday, the 16        day of May 2023 / 26th Vaisakha, 1945


                             OP(C) NO. 1018 OF 2023


         EP 547/2018 OF ADDITIONAL DISTRICT COURT - II, THRISSUR.

PETITIONERS/ JUDGMENT DEBTORS:

  1. RAJESH K P, AGED 44 YEARS, S/O PALLIKUTTY, KOONJNJAKKARAN HOUSE,
     POTTA PO, CHALAKKUDY, THRISSUR, PIN - 680 722
  2. DEVASSIKUTTY V V, AGED 64 YEARS, S/O VAREED, VACHALAKKAL HOUSE,
     KALLOOR PO, MUKUNDAPURAM, THRISSUR, PIN - 680 170
  3. STEPHY RAJESH, AGED 63 YEARS, W/O RAJESH KP, KOONJNJAKKARAN HOUSE,
     POTTA PO, CHALAKKUDY, THRISSUR, PIN - 680 722

RESPONDENT/ DECREE HOLDER:

     PNY SABHA FINANCE LTD, REPRESENTED BY THE DIRECTOR, K T NARAYANAN,
     AGED 52 YEARS, S/O KTD NAMBOOTHIRI, KANJIYIL THAMARAPPILLY MANA,
     MANALOOR VILLAGE, THRISSUR, PIN - 680 612.


     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. 547/2018 before the Hon'ble 2nd
Additional District and Sessions Court at Thrissur including confirmation
of sale of the petitioner's property pending disposal of the 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
M/S M.R.SASITH, NEELANJANA NAIR, R.K.CHIRUTHA, RAJITHA V.K, BHAVANA K.K &
ANJANA SURESH.E, Advocates for the petitioners, the court passed the
following:


                                                                         [PTO]
                         C.S.DIAS,J.
    ====================
                O.P (C)No. 1018 of 2023
   ------------------------------------ ---------
            Dated this the 16th day of May, 2023

                         ORDER

Issue notice before admission by speed post to the

respondent.

On a consideration of the pleadings and materials on

record and taking note of the submission made by the

learned counsel appearing for the petitioners that, the

petitioners are prepared to pay off the award amount in

installments and also that there is a challenge before the

District Court, I am inclined to pass a conditional interim

order. Hence, I stay further proceedings in E.P.No.547 of

2018 of the Court of the 2 nd Additional District and Sessions

Court, Thrissur, for a period of four weeks, on condition that

the petitioners deposit an amount of Rs.5,00,000/- (Rupees

Five Lakh Only) before the court below within a period of O.P (C)No. 1018 of 2023

two weeks from today. If the said amount is deposited, the

same shall be released to the respondent.

Sd/-

C.S.DIAS, JUDGE Sru

16-05-2023 /True Copy/ Assistant Registrar