Citation : 2023 Latest Caselaw 10815 Ker
Judgement Date : 19 October, 2023
OP(C) No.2001/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Thursday, the 19th day of October 2023 / 27th Aswina, 1945
OP(C) NO. 2001 OF 2023
EP 8/2023 IN ARC 1011/2020 OF SUB COURT, PERUMBAVOOR
PETITIONER/1ST JUDGEMENT DEBTOR/1ST RESPONDENT:
NAJMUNNESA BASHEER, AGED 40 YEARS, W/O BASHEER, MANGALATH
(CHERIPRATH) HOUSE, KANDANTHARA, ALLAPRA.P.O, KUNNATHUNAD TALUK,
VENGOLA VILLAGE, ERNAKULAM DISTRICT, PIN- 683556.
RESPONDENTS/DECREE HOLDER/PETITIONER AND 2ND AND 3RD JUDGMENT DEBTORS/2ND &
3RD RESPONDENTS IN THE EXECUTION PETITIOIN:
1. THE VENGOLA SERVICE SOCIETY, REG NO.4276, VENGOLA, REPRESENTED BY
THE SECRETARY IN CHARGE, SIMI KURIAKOSE, AGED 39 YEARS, D/O
KURIAKOSE, NEDUNGOTT PUTHENPURAYIL HOUSE, VENGOLA KARA, VENGOLA
VILLAGE, ERNAKULAM DISTRICT, PIN - 683547
2. ANISHA KABEER, AGED 30 YEARS, W/O.KABEER, THELAMPURAM HOUSE,
KANDANTHARA, ALLAPRA.P.O, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN -
683556
3. RIYAS M A, S/O ALI, MOOTHEDAM HOUSE, ALLPARA.P.O, VENGOLA VILLAGE,
ERNAKULAM DISTRICT, PIN - 683556
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 P4 sale proceedings in
Execution Petition EP No.8/2023 in ARC File No.1011/2020 pending before
the Honourable Sub Court, Perumbavoor, pending disposal of the Original
Petition (civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of OP(C) and this court's order dated
27-09-2023 and upon hearing the arguments of M/S. C.A.NAVAS,
T.K.SASIKUMAR, RAVIVARMA V. & LAYA SIMON, Advocates for the petitioner and
of M/S GLADIS & V.C. RAJESH, Advocates for the respondents 2 & 3, the
court passed the following:
O R D E R
Smt. Gladis appearing for Respondent 2 and Respondent 3 and says that her clients are willing to discharge the liability to the 1st respondent- society.
There is no appearance for the 1st respondent today.
OP(C) No.2001/2023 2/3
List, therefore, on 02-11-2023 until which time, the interim order will continue.
Sd/- DEVAN RAMACHANDRAN, JUDGE
19-10-2023 /True Copy/ Assistant Registrar OP(C) No.2001/2023 3/3
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