K.A. Shaji vs Mathew Thomas
2024 Latest Caselaw 16300 Ker

Kerala High Court

K.A. Shaji vs Mathew Thomas on 10 June, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

OP(C) No.1225/2024                                 1/1

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
                     Monday, the 10th day of June 2024 / 20th Jyaishta, 1946

                                     OP(C) NO. 1225 OF 2024

              EP 27/2021 IN OS 321/2018 OF MUNSIFF COURT, PATHANAMTHITTA.

   PETITIONER(S)/ JUDGMENT DEBTOR/ DEFENDANT:

          K.A. SHAJI, AGED 63 YEARS, S/O.(LATE) ABDUL LATHEEF, KULATHOORETHU
          HOUSE, KONNI P.O NOW STAYING AT ALUMMOOTIL HOUSE, KONNI
          P.O, PATHANAMTHITTA, PIN - 698 691.

   RESPONDENT(S)/ DECREE HOLDERS/ PLAINTIFFS:

      1. MATHEW THOMAS, AGED 64 YEARS, S/O.(LATE) THOMAS, THOMPIL
         HOUSE, KONNI.P.O, PATHANAMTHITTA, PIN - 698691
      2. ALEYAMMA MATHEW THOMAS @ KUNJUMOLE, AGED 61 YEARS, W/O. MATHEW
         THOMAS, THOMPIL HOUSE, KONNI P.O, PATHANAMTHITTA DISTRICT, PIN - 698
         691.


        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 pass
   an interim order staying the entire proceedings in E.P No. 27/2021 in O.S
   No. 321/2018 on the file of Munsiff's Court, Pathanamthitta pending
   disposal of the O.P(C).


        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 V.PHILIP MATHEWS & ABY SKARIA, Advocates for the petitioner, the court
   passed the following:

                                            O R D E R

Admit.

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

The warrant shall be kept in abeyance on condition that the petitioner shall remit a sum of Rs. 75,000/- (Rupees Seventy Five Thousand only) towards the decree debt to the respondents or deposit before the trial court within a period of two weeks.

Post on 04-07-2024.

Sd/- DR. KAUSER EDAPPAGATH, JUDGE

10-06-2024 /True Copy/ Assistant Registrar