Ajayanath vs Thomas
2024 Latest Caselaw 4578 Ker

Kerala High Court

Ajayanath vs Thomas on 6 February, 2024

OP(C) No.297/2024                                 1/2

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
                    Tuesday, the 6th day of February 2024 / 17th Magha, 1945
                                      OP(C) NO. 297 OF 2024

              EA 115/2023 IN EP 5/2015 OF SUB COURT, CHERTHALA, ALAPPUZHA

   PETITIONER(S)/ PETITIONER/ DECREE HOLDER:

          AJAYANATH, AGED 53 YEARS, S/O K.KNANDHAN, KALLUPURAKKAL (KALPPAKA),
          PALLITHODU P.O, THURAVOOR SOUTH VILLAGE, CHERTHALA TALUK, PIN - 686
          824.

   RESPONDENT(S)/ PETITIONER JUDGMENT DEBTORS:

       1. THOMAS, AGED 68 YEARS, S/O PETER, ARATTUKULANGARA HOUSE, PALLITHODU
          P.O, THURAVOOR SOUTH VILLAGE, CHERTHALA TALUK (2ND JUDGMENT DEBTOR),
          PIN - 688 524.
       2. BERLY, W.O BASTIAN, ARATTUKULANGARA HOUSE, PALLITHODU P.O THURAVOOR
          SOUTH VILLAGE CHERTHALA TALUK (3RD JUDGMENT DEBTOR), PIN - 688 524.
       3. ANJU, D/O BASTIAN, ARATTUKULANGARA HOUSE, PALLITHODU P.O THURAVOOR
          SOUTH VILLAGE CHERTHALA TALUK, (4TH JUDGMENT DEBTOR), PIN - 688
          524.
       4. ANANATH, S/O BASTIAN, ARATTUKULANGARA HOUSE, PALLITHODU P.O
          THURAVOOR SOUTH VILLAGE CHERTHALA TALUK, (4TH JUDGMENT DEBTOR), PIN
          - 688 524.


        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 for sale of property pursuant Exhibit P7 and
   Exhibit P11 orders pending disposal of the 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 T.P.SAJAN & P.SANTHOSH KUMAR (TR), Advocates for the petitioner, the
   court passed the following:

                                            O R D E R

Issue notice by speed post to the respondents. The petitioner will also serve the respondent through the counsel appearing in the court below.

Post after three weeks. The sale of the Scheduled property proposed will stand stayed for the said period of three weeks.

Sd/- C. JAYACHANDRAN, JUDGE

06-02-2024 /True Copy/ Assistant Registrar

APPENDIX OF OP(C) 297/2024

Exhibit P7 A TRUE COPY OF THE ORDER DATED 5.12 2023 IN EP 5 /2015

Exhibit P11 TRUE COPY OF THE ORDER DATED 10.1.2024 IN E.A 115/ 2023