Babu vs C T Biju
2024 Latest Caselaw 17478 Ker

Kerala High Court

Babu vs C T Biju on 21 June, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

OP(C) No.1317/2024                                    1/2

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM


                                                  PRESENT


                          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH


                                      st
                     Friday, the 21        day of June 2024 / 31st Jyaishta, 1946


                                           OP(C) NO. 1317 OF 2024

       IA 30/2022 IN OS 9/2021 OF THE SUB COURT/ COMMERCIAL COURT, DEVIKULAM.

          CMA 101/2022 OF THE DISTRICT COURT & SESSIONS COURT, THODUPUZHA.

   PETITIONER(S)/ APPELLANT/ DEFENDANT/ PETITIONER:

          BABU, AGED 57 YEARS, S/O GOPALAN, RESIDING IN THE ADDRESS CHARUVILA
          PUTHENVEEDU, THATTATHUMALA DESOM, PAZHAYAKUNNUMMEL VILLAGE,
          THATTATHUMALA P O, VIA KILIMANOOR, THIRUVANANTHAPURAM DISTRICT,
          REPRESENTED BY HIS POWER OF ATTORNEY HOLDER S SABU, AGED 30 YEARS,
          S/O SAJU, RESIDING AT SHALON DALE, KESAVA NAGAR, 29B, NEAR GOVT.
          GIRLS HIGH SCHOOL, VALATHUMGAL P O, ERAVIPURAM, KOLLAM DISTRICT, PIN
          - 691011

   RESPONDENT(S)/ RESPONDENT/ PLAINTIFF/ RESPONDENT:

          C T BIJU, AGED 52 YEARS, S/O THANKAPPAN, RESIDING IN THE ADDRESS
          CHORIMALLAVEEDU, NANTHIKKARA DESOM, PARAPPUKKARA VILLAGE, NELLAYI P
          O MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680305


        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
   staying all further proceedings pursuant to the judgment and decree in O.S
   No. 9/2021 dated 31-10-2022 on the file of the Sub Court, Devikulam,
   pending consideration of the above original petition, in the interest of
   justice.


        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. G.SREEKUMAR (CHELUR), Advocate for the petitioner, the court passed
   the following:

                                                 O R D E R

Admit.

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

Post on 15-07-2024.

Till then, passing of the final decree shall stand stayed.

Sd/- DR. KAUSER EDAPPAGATH JUDGE

21-06-2024 /True Copy/ Assistant Registrar