N.C. Mohankumar vs Sugathan
2024 Latest Caselaw 5215 Ker

Kerala High Court

N.C. Mohankumar vs Sugathan on 15 February, 2024

Author: Sathish Ninan

Bench: Sathish Ninan

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         Thursday, the 15th day of February 2024 / 26th Magha, 1945
                     IA.NO.1/2024 IN RFA NO. 18 OF 2024

                   OS 37/2017 OF   SUB COURT, MAVELIKKARA

APPLICANT/APPELLANT:

     N.C. MOHANKUMAR, AGED ABOUT 49 YEARS, S/O. CHANDRANANDAN, NADUVILE
     VEEDU, AZHIKKAKOM MURI, KUMPALANGHI, KOCHI, ERNAKULAM, PIN - 682007

RESPONDENT/RESPONDENT:

     SUGATHAN , ABOUT 65 YEARS, S/O. DAMODARAN, CHACKANCHERIL,
     PUTHIYAVILA MURI,KANDALLOOR, KARTHIKAPPALLY, PIN - 690535

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings in execution of the Judgment and decree dated 14/12/2020 in
O.S No.37/2017 on the files of the Sub Judge, Mavelikkara.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.ENOCH DAVID SIMON JOEL, S.SREEDEV, RONY JOSE, LEO LUKOSE, KAROL
MATHEWS SEBASTIAN ALENCHERRY, DERICK MATHAI SAJI, KARAN SCARIA ABRAHAM,
Advocates for the petitioner and of M/S.UMMUL FIDA, C.IJLAL, JAI GOVIND
M.J., P.PARVATHY, Advocates for the respondent, the court passed the
following:
               SATHISH NINAN, J.
            ---------------------
             R.F.A.No.18 of 2024
       ----------------------------
 Dated this the 15th day of February, 2024

                       O R D E R

Admit.

Smt.Ummul Fida takes notice for the

respondent.

Interim stay of execution of decree in

O.S.No.37/2017 of the Sub Court,

Mavelikkara for a period of three months on

condition that the appellant furnishes

security for the decree amount, inclusive

of interests and costs, to the satisfaction

of the court below, within a period of one

month.

The learned counsel for the appellant

submits that the property of the appellant

is already under attachment. It shall be open

for the appellant to offer the said property

also as security. However, the sufficiency of

the same shall be considered by the Court.

Sd/-

SATHISH NINAN JUDGE rsr

15-02-2024 /True Copy/ Assistant Registrar