P. K. Raghavan vs Gopikrishna Menon
2024 Latest Caselaw 10192 Ker

Kerala High Court

P. K. Raghavan vs Gopikrishna Menon on 5 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

OP(C) No.880/2024                                1/2

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
                    Friday, the 5th day of April 2024 / 16th Chaithra, 1946

                                    OP(C) NO. 880 OF 2024

        EP 42/2016 IN OS NO.32/2015 OF SUB COURT/COMMERCIAL COURT, QUILANDY

   PETITIONER/DECREE HOLDER/PLAINTIFF:

          P. K. RAGHAVAN, AGED 76 YEARS, S/O. LATE CHATHUKUTTY, RAGAM HOUSE,
          KEEZHARIYOOR AMSOM, NADUVATHUR DESOM, KOYILANDI TALUK, KOZHIKODE
          DISTRICT, PIN - 673620

   RESPONDENT/JUDGMENT DEBTOR/DEFENDANT:

          GOPIKRISHNA MENON, AGED 39 YEARS, S/O BEENA GOPI MENON, 4/12/5A,
          RESIDING AT JYOTHISH, MANGALAPURAM, EDYA VILLAGE, SOORATKAL DESOM,
          KARNATAKA STATE., PIN - 575014


        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
   direct that the attachment over the plaint schedule property granted in IA
   544/2015 in OS 32/2015 and confirmed in Exbt.P1 Award shall continue,
   notwithstanding Exhibit P8 order pending disposal of this Original
   Petition (civil).


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of OP(C) and upon hearing the arguments of
   C.R.SYAMKUMAR, SOORAJ T.ELENJICKAL, HELEN P.A., STEPHANIE SHARON, ATHUL
   ROY, INDRAJITH DILEEP Advocates for the petitioners the court passed the
   following:

                                             ORDER

Admit.

Issue notice to the respondent as well as to the learned counsesl appearing for the respondent in the trial court.

Post on 18.6.2024.

Till then, operation of Ext.P8 order shall stand stayed.

Sd/- DR. KAUSER EDAPPAGATH, JUDGE

05-04-2024 /True Copy/ Assistant Registrar

APPENDIX OF OP(C) 880/2024

Exhibit P1 THE TRUE COPY OF THE AWARD PASSED BY THE LOK ADALAT DATED 09-07-2016 ALONG WITH THE JOINT STATEMENT OF THE PARTIES DATED 09-07-2016 IN O.S. 32/2015 OF THE SUB EXHIBIT P8 COURT, KOYILANDI

THE TURE COPY OF THE ORDER OF THE EXECUTION COURT IN EP 42/2016 IN OS 32/2015 DATED 11.3.2024