Kasaragod District Co-Operative ... vs Jancy Kuriakose
2024 Latest Caselaw 5934 Ker

Kerala High Court

Kasaragod District Co-Operative ... vs Jancy Kuriakose on 23 February, 2024

OP(C) No.490/2024                              1/2

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                        THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
                Friday, the 23rd day of February 2024 / 4th Phalguna, 1945

                                  OP(C) NO. 490 OF 2024

 EP 17/2023 OF SUB COURT, HOSDURG IN ARC 595/2020 OF THE ASSISTANT REGISTRAR OF
                CO-OPERATIVE SOCIETIES (GENERAL), VELLARIKUNDU.

   PETITIONER(S)/ RESPONDENT/ JUDGMENT DEBTOR:

          KASARAGOD DISTRICT CO-OPERATIVE RUBBER MARKETING SOCIETY LIMITED
          NO.C 325, CHITTARIKKAL, PO. CHITTARIKKAL, REPRESENTED BY ITS
          MANAGING DIRECTOR HAVING ITS OFFICE AT CHITTARIKKAL, CHITTARIKKAL
          VILLAGE AND POST, KASARAGOD DISTRICT, PIN - 671 326

   RESPONDENT(S)/ PETITIONER/ DECREE HOLDER:

          JANCY KURIAKOSE, AGED 66 YEARS, W/O. KURIAKOSE MATHEW, R/AT KAKKANAR
          COTTAGE, AINGOTH, KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD
          DISTRICT, PO. PADANEKKAD REPRESENTED BY HER POWER OF ATTORNEY HOLDER
          NITTIN MATHEWS, S/O. JANCY KURIAKOSE, R/AT. KAKKANAR COTTAGE,
          AINGOTH, KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PO.
          PADANEKKAD, PIN - 671314


        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 pursuant to Exhibit P4 order, including sale of
   property proposed to be held on 26-02-2024 or any other date, till the
   disposal of this original petition is finally disposed of.


        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.V.AMARESAN & S.S.ARAVIND, Advocates for the petitioner, the court
   passed the following:

                                         O R D E R

Issue notice by speed post to the respondet. Petitioner may also serve notice on the respondent through the counsel appearing in the trial court.

Post on 18-03-2024.

In the meantime of sale scheduled pursuant to Exhibit P2 will stand stayed for the said period.

Sd/- C. JAYACHANDRAN, JUDGE

23-02-2024 /True Copy/ Assistant Registrar

APPENDIX OF OP(C) 490/2024

Exhibit -P2 TRUE COPY OF DRAFT SALE PROCLAMATION (DSP) WAS FILED BY THE RESPONDENT ON 22.11.2023 IN E.P. 17/2023 IN ARC 595/2020 BEFORE THE COURT OF SUBORDINATE JUDGE OF HOSDURG

Exhibit-P4 TRUE COPY OF ORDER OF COURT OF SUBORDINATE JUDGE OF HOSDURG IN E.A. NO. 190/2023 IN E.P. 17/2023 IN ARC NO. 595/2020 ON THE FILE OF THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES (GENERAL) VELLARIKUNDU DATED 17.01.2024