N. Chandrasekharan Pillai vs Binu Lukose
2024 Latest Caselaw 10177 Ker

Kerala High Court

N. Chandrasekharan Pillai vs Binu Lukose on 5 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

OP(C) No.867/2024                                  1/3

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM


                                                 PRESENT


                         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH


                                    th
                    Friday, the 5        day of April 2024 / 16th Chaithra, 1946


                                          OP(C) NO. 867 OF 2024


                         OS 96/2015 OF ADDITIONAL SUB COURT, KOLLAM.

   PETITIONER(S)/ 1ST JUDGMENT DEBTOR:

          N. CHANDRASEKHARAN PILLAI, AGED 68 YEARS, KOCHUNARAYANA PILLAI,
          RESIDING AT MANGALATHU VEEDU, THIRUMULLAVARAM PO,KOLLAM , PIN -
          691012

   RESPONDENT(S)/ DECREE HOLDERS AND 2ND JUDGMENT DEBTOR:

       1. BINU LUKOSE, AGED 48 YEARS, W/O.LUKOSE, RESIDING AT SHARON
          COTTAGE, MKRA 141 B, THIRUMULLAVARAM PO, KOLLAM, PIN - 691 012
       2. LUKOSE PAPPAN, AGED 52 YEARS, S/O.PAPPAN, RESIDING AT SHARON
          COTTAGE, MKRA 141 B, THIRUMULLAVARAM PO, KOLLAM, PIN - 691 012
       3. MALINI N, AGED 63 YEARS, W/O. CHANDRASEKHARAN PILLAI, RESIDING AT
          MANGALATHU VEEDU, THIRUMULLAVARAM PO, KOLLAM, PIN - 691 012


        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 execution pursuant to Exhibit P14 order dated
   05-03-2024 in EP No. 36 of 2020 in O.S No. 96 of 2015 on the file of the
   Additional Subordinate Judges Court, Kollam till the final disposal of
   this 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 R.S.KALKURA & D.SAJEEV BABU, Advocates for the petitioner, the court
   passed the following:


                                                                                   (PTO)
 OP(C) No.867/2024                                  2/3




                               DR. KAUSER EDAPPAGATH, J.
                                  ---------------------
                                    O.P.(C) No. 867 of 2024
                           ---------------------------
                            Dated this the 5th day of April, 2024


                                            ORDER

Admit. Issue notice to respondents 1 and 2 as well as to the counsel

appearing for respondents 1 and 2 at the trial court.

2. It is seen from the pleadings and records that Exts.P9, P10 and

P11 were produced before the execution court only on 28/02/2024.

Thereafter, the case was adjourned to 05/03/2024. The valuation of the

property shown in the amended schedule was accepted by the execution court

and sale was ordered holding that no objection was filed by the judgment

debtor against the fresh schedule of property filed by the decree holder. The

learned counsel for the petitioner submitted that, even though the petitioner

sought time to file an objection on 05/03/2024, it was not granted and on the

very same day the sale was ordered. From the proceedings that was taken

place, it appears that the said submission is correct. Hence, the sale scheduled

on 06/04/2024 shall stand stayed.

Post on 18/06/2024.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

05-04-2024 /True Copy/ Assistant Registrar

APPENDIX OF OP(C) 867/2024 Exhibit P9 TRUE COPY OF THE LAND VALUE CERTIFICATE DATED 19.08.2023 ISSUED BY THE TAHSILDAR KOLLAM IN RESPECT OF 7.62 ARES OF PROPERTY Exhibit P10 TRUE COPY OF THE LAND VALUE CERTIFICATE DATED 19.08.2023 ISSUED BY THE TAHSILDAR KOLLAM IN RESPECT OF 5.99 ARES OF PROPERTY Exhibit P11 TRUE COPY OF THE VALUATION CERTIFICATE IN RESPECT OF THE BUILDING ISSUED BY THE SUPERINTENDING ENGINEER, PWD DATED 25.07.2023 Exhibit P14 TRUE COPY OF THE ORDER DATED 05.03.2024 IN E.P. NO. 36 OF 2020 IN O.S. NO. 96 OF 2015 ON THE FILE OF THE ADDITIONAL SUBORDINATE JUDGES COURT, KOLLAM

05-04-2024 /True Copy/ Assistant Registrar