Rajesh K P vs Pny Sabha Finance Ltd
2024 Latest Caselaw 10961 Ker

Kerala High Court

Rajesh K P vs Pny Sabha Finance Ltd on 12 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

OP(C) No.957/2024                                 1/2

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
                    Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
                                      OP(C) NO. 957 OF 2024

                     EP 547/2018 OF II ADDITIONAL DISTRICT COURT, THRISSUR

   PETITIONERS/JUDGMENT DEBTORS:

       1. RAJESH K P, AGED 44 YEARS, S/O PALLIKUTTY, KOONJNJAKKARAN HOUSE,
          POTTA PO, CHALAKKUDY, THRISSUR., PIN - 680722
       2. DEVASSIKUTTY V V, AGED 64 YEARS, S/O VAREED, VACHALAKKAL HOUSE,
          KALLOOR PO, MUKUNDAPURAM, THRISSUR., PIN - 680170
       3. STEPHY RAJESH, AGED 38 YEARS, W/O RAJESH KP, KOONJNJAKKARAN HOUSE,
          POTTA PO, CHALAKKUDY, THRISSUR., PIN - 680722

   RESPONDENT/DECREE HOLDER:

          PNY SABHA FINANCE LTD, SABHA BUILDING, ANTHIKKAD, THRISSUR, REPR. BY
          THE DIRECTOR,   KT NARAYANAN, AGED 52 YEARS, S/O KTD NAMBOOTHIRI,
          KANJIYIL THAMARAPPILLY MANA, MANALOOR VILLAGE, THRISSUR., PIN -
          680612


        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 pursuant to Exhibit P10 sale notice dated
   4.3.2024 issued by the Honourable 2nd Additional District and Sessions
   Court at Thrissur including confirmation of sale of the petitioner
   property, pending disposal of the Original Petition.


        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 & M.R.SASITH, Advocates for the petitioners, the court
   passed the following:

                                              ORDER

Admit. Issue notice to the respondent as well as to the counsel appearing for the respondent at the trial court.

The confirmation of the sale shall stand stayed on condition that the petitioners deposit a sum of Rs.10,00,000/- (Rupees Ten lakhs only) towards the decree debt at the execution court within one month from today.

Post on 27.5.2024.

Sd/- DR. KAUSER EDAPPAGATH, JUDGE

12-04-2024 /True Copy/ Assistant Registrar

APPENDIX OF OP(C) 957/2024

Exhibit P10 THE TRUE COPY OF THE SALE NOTICE DATED 04.03.2024 ISSUED BY THE HON'BLE 2ND ADDITIONAL DISTRICT AND SESSIONS COURT AT THRISSUR