Sulaiman C„ vs The Suburban Chits Funds Pvt. Ltd
2023 Latest Caselaw 11308 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
  FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                       OP(C) NO. 2280 OF 2023
   IN A.S. NO.31/2021 OF DISTRICT COURT & SESSIONS COURT,
                                THRISSUR


PETITIONER:

             SULAIMAN C.,
             AGED 54 YEARS, S/O. CHELLAPPA RAVUTHAR,
             BISMI MANZIL, PATHUKUDI,
             CHELAKKARA P.O., PIN - 680589.

             BY ADV JOSEPH M.P.


RESPONDENT:

             THE SUBURBAN CHITS FUNDS PVT. LTD
             THRISSUR, THRISSUR VILLAGE/DESOM REPRESENTED BY
             ITS CHIEF EXECUTIVE OFFICER, PIN - 680002.




     THIS     OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
27.10.2023,     THE   COURT    ON   THE    SAME    DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C).NO.2280 of 2023
                             ..2..




                  C. JAYACHANDRAN, J.
                 =====================
                O.P.C. No.2280 of 2023
       ========================================
       Dated this the 27th day of October, 2023


                      J U D G M E N T

The petitioner herein is the appellant in A.S.

No.31/2021 on the files of the District Court,

Thrissur. The said appeal stems from the judgment

and decree in O.S. No.886/2015 of the Munsiff's

Court, Wadakkancherry. The appeal was filed with a

petition for condonation of delay, which

application is pending. Ext.P2 application seeking

stay of the execution proceedings is also pending.

2. According to the learned counsel, the execution

proceedings is proceeding fast and once the E.P. is

allowed, appeal will become infructuous. In such

circumstances, petitioner seeks early disposal of

Ext.P1 appeal and Ext.P2 stay petition. O.P.(C).NO.2280 of 2023 ..3..

3. Having heard the learned counsel appearing for

the petitioner, this Court notice that without

condoning the delay in preferring the appeal,

neither the appeal nor the stay petition can be

considered. In view of the fact that the appeal is

of the year 2021, this Court directs the District

Court concerned to consider and pass orders in the

delay condonation petition (I.A.No.1/2021 in A.S.

No.31/2021). In case the delay is condoned, the

court concerned will also consider and pass orders

in Ext.P2 stay petition, seeking stay of further

proceedings in E.P. No.28/2019.

The original petition is disposed of, as above.

Sd/-

C. JAYACHANDRAN JUDGE Skk//28.10.2023 O.P.(C).NO.2280 of 2023 ..4..

APPENDIX OF OP(C) 2280/2023

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE APPEAL BEARING A.S.

NO. 31/2021 FILED BY THE PETITIONER BEFORE THE DISTRICT COURT, THRISSUR EXHIBIT P2 A TRUE COPY OF THE I.A. NO. 1/2021 IN A.S. NO. 31/2021 ON THE FILES OF THE DISTRICT COURT, THRISSUR EXHIBIT P3 A TRUE COPY OF THE I.A. NO. 2/2021 IN A.S. NO. 31/2021 ON THE FILES OF THE DISTRICT COURT, THRISSUR