Kerala High Court
N. Chandrashekaran Pillai vs Sivashankara Pillai on 5 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
OP(C) No.876/2024 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. 876 OF 2024
OS 91/2015 OF ADDITIONAL SUB COURT, KOLLAM.
PETITIONER(S)/ 1ST JUDGMENT DEBTOR:
N. CHANDRASHEKARAN PILLAI, AGED 68 YEARS, S/O. KOCHUNARAYANAPILLAI,
RESIDING AT MANGALATH VEEDU, THIRUMULLAVARAM PO, KOLLAM, PIN - 691
012.
RESPONDENT(S)/ DECREE HOLDERS AND 2ND JUDGMENT DEBTOR:
1. SIVASHANKARA PILLAI, AGED 65 YEARS, S/O. JANARDHANAN PILLAI,
RESIDING AT MANJAVIL HOUSE, MANAYILKULANGARA, THIRUMULLAVARAM
PO, KOLLAM, PIN - 691012
2. HEMA ANIL, AGED 50 YEARS, W/O. ANIL, RESIDING AT MANJAVIL
HOUSE, MANAYILKULANGARA, THIRUMULLAVARAM PO, KOLLAM, PIN - 691012
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 P16 order dated
05-03-2024 in EP No. 35 of 2020 in O.S No. 91/2015 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
Sri.R.S.KALKURA, Advocate for the petitioner, the court passed the
following:
(PTO)
OP(C) No.876/2024 2/3
DR. KAUSER EDAPPAGATH, J.
---------------------
O.P.(C) No. 876 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.P13, P14 and
P15 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) 876/2024
Exhibit P13 TRUE COPY OF THE OBJECTION SUBMITTED BY THE
PETITIONER/JUDGEMENT DEBTOR TO E.A. NO. 464 OF 2023 IN
E.P. NO. 35 OF 2020 IN O.S. NO. 91 OF 2015 DATED
03.10.2023
Exhibit P14 TRUE COPY OF THE AMENDED SCHEDULE OF PROPERTY
PURPORTEDLY PRODUCED BY THE DECREE HOLDERS DATED
28.02.2024 IN E.P. NO. 36 OF 2020 IN O.S. NO. 96 OF
2015 ON THE FILE OF THE ADDITIONAL SUBORDINATE JUDGES
COURT KOLLAM
Exhibit P15 TRUE COPY OF THE STATEMENT SUBMITTED BY THE DECREE
HOLDER/PLAINTIFF IN E.P. NO. 35 OF 2020 IN O.S. 91 OF
2015 DATED 28.02.2024 ON THE FILE OF THE ADDITIONAL
SUBORDINATE JUDGES COURT KOLLAM
Exhibit P16 TRUE COPY OF THE ORDER DATED 05.03.2024 IN E.P. NO. 35
OF 2020 IN O.S. NO. 91 OF 2015 ON THE FILE OF THE
ADDITIONAL SUBORDINATE JUDGES COURT, KOLLAM
05-04-2024 /True Copy/ Assistant Registrar
